pasupuleti
01-31 12:21 PM
I work for a good consulting company, completed 3 years in that company.
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
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gc_on_demand
01-19 08:47 PM
Democrats seem to be loosing senate seat in MA. Message is clear - in this great recession, people don't want more taxes especially when they are happy with their current healthcare policies and their healthcare coverage don't change a dime for those extra taxes. Especially, when MA people are already paying for state universal healthcare. Why should WE pay for THEM?
Probably, this means healthcare reform is dead or congress embraces more conservative bill passed by senate. End of road for more tax burdensome things like cap-n-trade, climate change bill or controversial bills like immigration reform unless some less-conservative republicans are on board. If it is ever considered, be ready for more durbin-grassley measures in the final bill. Fate of the bill depends on what matters for elections in 2010, probably more populist measures like tax cuts, another stimulus, job growth measures will be focussed for rest of the year..
None of us here has little luck... We were close to CIR this year and now new math is in picture.. Two possibility for CIR in 2010...
(1) Dems will not touch it.
(2) GOP will not support it because people will think Dems passed it and that will help them to win midterm election.
Probably, this means healthcare reform is dead or congress embraces more conservative bill passed by senate. End of road for more tax burdensome things like cap-n-trade, climate change bill or controversial bills like immigration reform unless some less-conservative republicans are on board. If it is ever considered, be ready for more durbin-grassley measures in the final bill. Fate of the bill depends on what matters for elections in 2010, probably more populist measures like tax cuts, another stimulus, job growth measures will be focussed for rest of the year..
None of us here has little luck... We were close to CIR this year and now new math is in picture.. Two possibility for CIR in 2010...
(1) Dems will not touch it.
(2) GOP will not support it because people will think Dems passed it and that will help them to win midterm election.
ravish_kaipa
09-27 04:16 PM
Hi
Can you please confirm from your lawyer , if the A# shows up only if your 140 is approved or do you get one as soon as you have the receipt number . The reason I ask is , I saw an A# on my 485 forms that my lawyer filled and its the same number that shows up on my EAD and FP . However my company won't tell me if my 140 is approved or not .. so trying to decipher...
Thanks
tinoue I will suggest talk to lawyer,
As per my lawyer, If at the time of filing of I-485 , you already have I-140 approved , you are supposed to write A# I-140 on I-485 Application.
Otherwise they might assign New One..
If you remember on I-485 Application there is place for A#.
Can you please confirm from your lawyer , if the A# shows up only if your 140 is approved or do you get one as soon as you have the receipt number . The reason I ask is , I saw an A# on my 485 forms that my lawyer filled and its the same number that shows up on my EAD and FP . However my company won't tell me if my 140 is approved or not .. so trying to decipher...
Thanks
tinoue I will suggest talk to lawyer,
As per my lawyer, If at the time of filing of I-485 , you already have I-140 approved , you are supposed to write A# I-140 on I-485 Application.
Otherwise they might assign New One..
If you remember on I-485 Application there is place for A#.
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dealsnet
04-15 05:18 PM
You are correct. He have no option. Find a job, go back and tell them to do process the H1B, and do consular interview and stamping and come clean. You may have difficulty in approving the petition, or the process may take several months.
What you did a big mistake to ditch a company and go to a sucker. You are not supposed to start with the new company till you get the RECEIPT NOTICE after file for H1B. THAT IS A MISTAKE AND YOU ARE DID ILLEGAL ACTIVITY/JOB FROM THAT POINT OF TIME.
You have no choice but leave US immediately, go for CP, declare your overstay in the DS156 form, come clean to the VO and hope they forgive it.
Good Luck!
What you did a big mistake to ditch a company and go to a sucker. You are not supposed to start with the new company till you get the RECEIPT NOTICE after file for H1B. THAT IS A MISTAKE AND YOU ARE DID ILLEGAL ACTIVITY/JOB FROM THAT POINT OF TIME.
You have no choice but leave US immediately, go for CP, declare your overstay in the DS156 form, come clean to the VO and hope they forgive it.
Good Luck!
more...
wandmaker
05-14 02:19 PM
This is not a joke, we have received this querry, and are seeking some helpful advice.
If you have worked on location other than what's mentioned in the certified LCA, it will be considered as an unauthorized employment, eventually application for adjustment of status will be denied on the basis of you engaged in unauthorized employment.
If you have worked on location other than what's mentioned in the certified LCA, it will be considered as an unauthorized employment, eventually application for adjustment of status will be denied on the basis of you engaged in unauthorized employment.
Nikith77
10-05 03:03 PM
I was trying to open a brokerage account with Bank Of America (Merrill Lynch) which was denied as it does not recognize EAD.
The web site clearly says that you should be a citizen or a green card to open an account
Did anyone opened it recently.
The web site clearly says that you should be a citizen or a green card to open an account
Did anyone opened it recently.
more...
njboy
09-20 10:41 AM
dont look a gift horse in the mouth
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ncgc2005
10-15 01:43 PM
I am in the same boat. I have recieved my 2nd EAD with wrong dates (validity dates same as my 1st EAD). Called USCIS and was told to fill out I-765 and along with the card and send it back to service center (w/o any fees).
Just curious if it worked out for you, as I am afraid that I don't want to re-start my 90-day clock all over again.
Just curious if it worked out for you, as I am afraid that I don't want to re-start my 90-day clock all over again.
more...
fuzzy logic
07-01 12:46 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
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AirWaterandGC
05-15 12:04 AM
I have repeatedly said that is not about any one person's GC. Count on me to be with IV even when I get mine. Its the fight for justice.
more...
vin13
09-30 01:08 PM
On mine and my spouse the online status just changed. I did not recieve any email.
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mmandal
06-08 12:18 PM
Chanduv23 wrong on both counts:
"For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain."
No one is "tearing families." Restricts family immigration to just spouses and children under 21. No more uncles, aunts, nephews and nieces. If people want to come they need to on their merits. Think about LPRs who have to wait years on end to even get their spouses in.
"And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope."
No one said CIR failing was good for us because it provided relief for illegals. No jealousy here sir. We wanted CIR to fail because in 'saving' illegals it screwed us. If the illegals took a risk in breaking the law its their burden to bear. Moreover, asking the basic question of why illegals and why not legals should be a part of debate. I believe, our interest is best served by strongly differentiating ourselves from the illegals. Lets do without the socialism.
"For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain."
No one is "tearing families." Restricts family immigration to just spouses and children under 21. No more uncles, aunts, nephews and nieces. If people want to come they need to on their merits. Think about LPRs who have to wait years on end to even get their spouses in.
"And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope."
No one said CIR failing was good for us because it provided relief for illegals. No jealousy here sir. We wanted CIR to fail because in 'saving' illegals it screwed us. If the illegals took a risk in breaking the law its their burden to bear. Moreover, asking the basic question of why illegals and why not legals should be a part of debate. I believe, our interest is best served by strongly differentiating ourselves from the illegals. Lets do without the socialism.
more...
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IndiaNJ
08-26 01:32 PM
My wife recieved an RFE on her 485, as one of the questions on Page 3 of the 485 was not answered and Page 4 was missing.
I am not sure how the Page 4 got lost..:confused:
I am not sure how the Page 4 got lost..:confused:
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ebizash
07-24 05:06 PM
Sanjay:
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
I heard contrary to what you mentioned about the fingerprints being valid only for 18 months. I think someone had posted a document from USCIS site that said that they have digitized FPs and can reuse them without having to do fingerprinting every 18 months. I will try to search for that document and will post if I find it
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
I heard contrary to what you mentioned about the fingerprints being valid only for 18 months. I think someone had posted a document from USCIS site that said that they have digitized FPs and can reuse them without having to do fingerprinting every 18 months. I will try to search for that document and will post if I find it
more...
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kondur_007
02-15 06:26 PM
I have the same query:
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
As discussed above with cyrus mehta's blog: This is all discretionary:
My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".
Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".
Good Luck.
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
As discussed above with cyrus mehta's blog: This is all discretionary:
My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".
Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".
Good Luck.
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b2visahelp
06-15 06:22 PM
Hi,
My parents' and 2 brothers' B2 visas got rejected yesterday. The VO didn't state the refusal reason. He didn't stamp anything on their passports. I got my GC through asylum, and will get married in Nov. 2009. I supplied a formal letter from my pastor about the wedding that it's real. And my parents stated that they are not bringing my youngest brother to the US because he has school. During the interview, the VO asked them about me. He knew that I got my GC through asylum. He asked if I work or go to school. My parents answered honestly that I'm currently working to support myself.
My parents didn't show their bank account, certificate of properties and business because the VO didn't ask for it. Should they show them to VO eventhough he didn't ask to see it?
Now, we're preparing to apply B2 visa for a second time. Here are my questions:
1. When do you think they should apply for the visa again?
2. What can we prepare to show proofs that they will definitely go back to their country? Should we prepare a letter stating reasons why they won't immigrate to US?
3. They are taking care of my elderly grandfather, 80 years old. Should they bring a picture of him?
3. Will they have a better chance if they left all my 3 siblings at home to give more reason they will definitely go back?
My parents definitely don't want to immigrate to the US.
Help...help....please...I really want them to attend my wedding.
Thanks a bunch for all of your advise!
My parents' and 2 brothers' B2 visas got rejected yesterday. The VO didn't state the refusal reason. He didn't stamp anything on their passports. I got my GC through asylum, and will get married in Nov. 2009. I supplied a formal letter from my pastor about the wedding that it's real. And my parents stated that they are not bringing my youngest brother to the US because he has school. During the interview, the VO asked them about me. He knew that I got my GC through asylum. He asked if I work or go to school. My parents answered honestly that I'm currently working to support myself.
My parents didn't show their bank account, certificate of properties and business because the VO didn't ask for it. Should they show them to VO eventhough he didn't ask to see it?
Now, we're preparing to apply B2 visa for a second time. Here are my questions:
1. When do you think they should apply for the visa again?
2. What can we prepare to show proofs that they will definitely go back to their country? Should we prepare a letter stating reasons why they won't immigrate to US?
3. They are taking care of my elderly grandfather, 80 years old. Should they bring a picture of him?
3. Will they have a better chance if they left all my 3 siblings at home to give more reason they will definitely go back?
My parents definitely don't want to immigrate to the US.
Help...help....please...I really want them to attend my wedding.
Thanks a bunch for all of your advise!
more...
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dehradoon
07-17 05:59 PM
Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?
You will need to have your spouse back for biometrics, if not then reschedule it early as no show = abondonment of application
You will need to have your spouse back for biometrics, if not then reschedule it early as no show = abondonment of application
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new2gc
06-25 11:18 AM
Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org
Good one..........may be they should host a reality show on TV as well to challenge/show what they do for living and what these politicians are blaming them for....
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org
Good one..........may be they should host a reality show on TV as well to challenge/show what they do for living and what these politicians are blaming them for....
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saravanaraj.sathya
07-31 10:08 AM
I would like to know what are the primary reasons why employers revokes approved I-140 after invoking AC21 after 180 days.
a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.
b. Do big companies like Infy, Wipro do this?
c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..
Please reply with ur inputs.
a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.
b. Do big companies like Infy, Wipro do this?
c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..
Please reply with ur inputs.
newbie2020
05-18 07:42 AM
This one is an earlier bills introduced earlier ,This is similar to the bills being discussed
http://thomas.loc.gov/cgi-bin/query/D?c110:1:./temp/~c110j4GOX5::
Since the text of this bill is similar to other bill should we try to get these law maker's support.
http://www.house.gov/apps/list/press...vatorsAct.html
KENNEDY AND MCCAUL ANNOUNCE “NEW AMERICAN INNOVATORS ACT”
(Washington, DC) - Congressman Patrick J. Kennedy (D-RI) and Congressman Michael McCaul (R-TX) announced the introduction of the New American Innovators Act. The New American Innovators Act would exempt foreign students receiving Ph.D.’s from accredited, American universities from numerical immigration limits.
“The New American Innovators Act takes the best and the brightest and moves them to the front of the green card line,” said Congressman Patrick Kennedy. “The global competition for talent is getting fiercer with each passing year. Although we already have the most talented workforce in the world, we cannot sit idly by while other countries work to attract the best international talent – especially when those individuals have been educated in our universities. The New American Innovators Act targets the cream of the crop. These are individuals who will generate breakthroughs, start businesses, create jobs, and ultimately help to drive our economic growth for years to come. It is absurd that we would spend time and money educating them only to force them to go to our economic competitors, even if they want to stay.”
“We need to ensure that U.S. employers continue to create and stay on the ‘cutting-edge’ of the global market,” stated Congressman Michael McCaul. “I am proud to work across the aisle in a bipartisan fashion to co-introduce this bill with Congressman Kennedy that will add to America’s economic strength by offering increased access to the best talent, no matter where they may be born. These individuals are the best and the brightest, having graduated from U.S. universities with doctorate degrees and are already present and working in America. These professionals add to our prosperity, by making enormous contributions to our economy. The last thing we want to do is force them to leave the country. ”
“We must continue to be committed to ensuring U.S. employers have the talent necessary to compete worldwide. Without the ability to retain them, we risk losing these hard-working, valued workers, who we have spent an enormous amount of funds training and educating to our national competitors abroad.”
http://thomas.loc.gov/cgi-bin/query/D?c110:1:./temp/~c110j4GOX5::
Since the text of this bill is similar to other bill should we try to get these law maker's support.
http://www.house.gov/apps/list/press...vatorsAct.html
KENNEDY AND MCCAUL ANNOUNCE “NEW AMERICAN INNOVATORS ACT”
(Washington, DC) - Congressman Patrick J. Kennedy (D-RI) and Congressman Michael McCaul (R-TX) announced the introduction of the New American Innovators Act. The New American Innovators Act would exempt foreign students receiving Ph.D.’s from accredited, American universities from numerical immigration limits.
“The New American Innovators Act takes the best and the brightest and moves them to the front of the green card line,” said Congressman Patrick Kennedy. “The global competition for talent is getting fiercer with each passing year. Although we already have the most talented workforce in the world, we cannot sit idly by while other countries work to attract the best international talent – especially when those individuals have been educated in our universities. The New American Innovators Act targets the cream of the crop. These are individuals who will generate breakthroughs, start businesses, create jobs, and ultimately help to drive our economic growth for years to come. It is absurd that we would spend time and money educating them only to force them to go to our economic competitors, even if they want to stay.”
“We need to ensure that U.S. employers continue to create and stay on the ‘cutting-edge’ of the global market,” stated Congressman Michael McCaul. “I am proud to work across the aisle in a bipartisan fashion to co-introduce this bill with Congressman Kennedy that will add to America’s economic strength by offering increased access to the best talent, no matter where they may be born. These individuals are the best and the brightest, having graduated from U.S. universities with doctorate degrees and are already present and working in America. These professionals add to our prosperity, by making enormous contributions to our economy. The last thing we want to do is force them to leave the country. ”
“We must continue to be committed to ensuring U.S. employers have the talent necessary to compete worldwide. Without the ability to retain them, we risk losing these hard-working, valued workers, who we have spent an enormous amount of funds training and educating to our national competitors abroad.”
morpheus
04-02 10:45 PM
I just did some further reading and research, and it appears that an H1 could do the following if this bill passed tomorrow.
1. Quit their job
2. Form an LLC and self-employ
3. File for 218D status. Once this is approved, you are able to work anywhere. It's not clear if there will be a filing procedure or not.
4. Wait six years.
5. File for green card. Note that 218D requires you to work for the entire six years - but it can be full-time, part-time, self-employment or full time study.
I can't believe it could be that simple. The only downside is that there might be 10 million people in the queue for 218D, so it will probably be backlogged until 2026!
1. Quit their job
2. Form an LLC and self-employ
3. File for 218D status. Once this is approved, you are able to work anywhere. It's not clear if there will be a filing procedure or not.
4. Wait six years.
5. File for green card. Note that 218D requires you to work for the entire six years - but it can be full-time, part-time, self-employment or full time study.
I can't believe it could be that simple. The only downside is that there might be 10 million people in the queue for 218D, so it will probably be backlogged until 2026!
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