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sameet
04-14 03:20 PM
With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.
Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
Let me get this straight:
I have a pending 485 through employer A and then switch my H1B to Employer B. In that case, if I file AC21 through Employer B as long as the position is same/similar (meaning in the same classification with similar responsibilities) will it cause any issues in getting a green card? Note that I will already be working for Employer B when I get the GC.
Just wondering if this situation would raise doubts in the IO's mind.
Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
Let me get this straight:
I have a pending 485 through employer A and then switch my H1B to Employer B. In that case, if I file AC21 through Employer B as long as the position is same/similar (meaning in the same classification with similar responsibilities) will it cause any issues in getting a green card? Note that I will already be working for Employer B when I get the GC.
Just wondering if this situation would raise doubts in the IO's mind.
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naturopathicpt
06-29 04:53 PM
Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
conundrum
03-28 10:01 AM
Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D
Having a PhD alone doesn't put you in EB1. Everything depends on the job requirement. You can have a PhD and still be in EB3 if the job that you are working doesn't require an advanced degree.
Having a PhD alone doesn't put you in EB1. Everything depends on the job requirement. You can have a PhD and still be in EB3 if the job that you are working doesn't require an advanced degree.
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jsb
02-11 10:28 AM
i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
My question to you .. my lottery case priority date can be use for my eb3 case?
If you won a GC lottery, which many of us didn't, what is the problem. Didn't GC lottery supposed to get you a GC? Why did you need your employer to sponsor you again if you already won a GC lottery? We are puzzled.
My question to you .. my lottery case priority date can be use for my eb3 case?
If you won a GC lottery, which many of us didn't, what is the problem. Didn't GC lottery supposed to get you a GC? Why did you need your employer to sponsor you again if you already won a GC lottery? We are puzzled.
more...
Sheila Danzig
11-28 12:33 PM
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
If the Eng degree is a 4 year program where you were granted advanced standing for the 3 year diploma you should be approved if it is properly handled by the attorney and the evaluation agency.
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
If the Eng degree is a 4 year program where you were granted advanced standing for the 3 year diploma you should be approved if it is properly handled by the attorney and the evaluation agency.
sanju
03-06 02:44 PM
Which bill? Passed where? More info please.
The greater danger in our lives is not that we set our aim too high and fail, but we set them too low, and still do.
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The greater danger in our lives is not that we set our aim too high and fail, but we set them too low, and still do.
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contact
04-27 10:45 AM
whether the incident is true or not, IV member is trying to caution us that we should be fully focused when the officer examines our passport.
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xela
06-03 09:37 PM
lawyer paper filed april 15th
receipt received april 27th
received date april 16th receipt date april 26th
last soft LUD April 30th
no fp notice or anything since
called them 2 days ago to put in a request for fp cus i am tired of waiting hoped that this would prompt them to look at it.... so far no change
receipt received april 27th
received date april 16th receipt date april 26th
last soft LUD April 30th
no fp notice or anything since
called them 2 days ago to put in a request for fp cus i am tired of waiting hoped that this would prompt them to look at it.... so far no change
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nozerd
09-06 01:42 PM
Can H1 visa stamp be used for travel convenience ?
I am EB3 India with PD of August 2001. I 140 approved but cant file I 485 due to retro. I have sent in my application for 8th -10th yr H1 extension. I am already Canadian PR landed in April 2005 so basically need to do something in early 2008 if I still need to hold on to my Canadian PR. I have worked for same firm since last 7 + yrs and they are quite cooperative within limits.
I wanted to know if I can work for my company's Canadian operations and still hold H1 visa and travel on that H1 visa. Please note that I will be on Canadian payroll. Is this legal ? Is it ok for the company to keep extending my H1 ? I know they can keep my Green card case alive but what about H1 ?
Is it ok to stay outside US and get paid outside US and still use H1 visa to travel ?
I am EB3 India with PD of August 2001. I 140 approved but cant file I 485 due to retro. I have sent in my application for 8th -10th yr H1 extension. I am already Canadian PR landed in April 2005 so basically need to do something in early 2008 if I still need to hold on to my Canadian PR. I have worked for same firm since last 7 + yrs and they are quite cooperative within limits.
I wanted to know if I can work for my company's Canadian operations and still hold H1 visa and travel on that H1 visa. Please note that I will be on Canadian payroll. Is this legal ? Is it ok for the company to keep extending my H1 ? I know they can keep my Green card case alive but what about H1 ?
Is it ok to stay outside US and get paid outside US and still use H1 visa to travel ?
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sanjay02
11-22 04:49 PM
Hi
Any one successful in last 2 weeks in scheduling a Visa appointment in Hyderababad consulate? For last 2 weeks I have been trying to schedule an appointment and it displays message "try after some time" on the vfs-co.in site.
Please let me know if any one was able to do it in last 3 weeks time frame?
Thanks
Sanjay
Any one successful in last 2 weeks in scheduling a Visa appointment in Hyderababad consulate? For last 2 weeks I have been trying to schedule an appointment and it displays message "try after some time" on the vfs-co.in site.
Please let me know if any one was able to do it in last 3 weeks time frame?
Thanks
Sanjay
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sravani
05-22 12:25 PM
I also think this is a good idea, 10 days will not make much difference. Please help other members people.... Who knows, if there are too many applications USCIS might decide to not move dates in the July Visa Bulletin.
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smidreb
07-30 01:13 PM
Hi all,
One of my friend is separated (not divorced) from her husband.
can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution
One of my friend is separated (not divorced) from her husband.
can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution
more...
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thescadaman
07-26 08:40 PM
I used your website to search "USPS Express" and I got the answer I needed very quickly. Thanks for the website..
For everyones else benefit...
for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.
link
http://www.immigration.com/fromtheagency/nsc112006.html
For everyones else benefit...
for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.
link
http://www.immigration.com/fromtheagency/nsc112006.html
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sanjose
07-17 07:11 PM
so this is only for ppl with BOTH white card and green card.
what bout rest of us like who never been to canada or applied for canadian white card. if i get GC in future and visit canada, will I face any issues? just wondering?
Please read this: Entering Canada • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)
what bout rest of us like who never been to canada or applied for canadian white card. if i get GC in future and visit canada, will I face any issues? just wondering?
Please read this: Entering Canada • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)
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chanduv23
02-26 02:30 PM
Oh Eleanor, I don't even know where to start on this scumbag.
But I know the end.
This slumdog needs a solid, old fashioned butt whipping: open to public, health-care-debate-like telecast, take his pants off, bend him over, highest priority to curry with Z-E-R-O U.S. education.
Who exactly is Ron Hira? What is his motive? why is he doing all this? And why is he so influential?
I am under the impression that he is influentiaal because he does what the antis like.
On a broader note - we all would be happy to see a system which is not so complex and there is a well defined process which Ron Hira also says he wants to see, but his bashing of foreign nationals and employers says he is basically of the kinds "shut the door behind me" attitude.
But I know the end.
This slumdog needs a solid, old fashioned butt whipping: open to public, health-care-debate-like telecast, take his pants off, bend him over, highest priority to curry with Z-E-R-O U.S. education.
Who exactly is Ron Hira? What is his motive? why is he doing all this? And why is he so influential?
I am under the impression that he is influentiaal because he does what the antis like.
On a broader note - we all would be happy to see a system which is not so complex and there is a well defined process which Ron Hira also says he wants to see, but his bashing of foreign nationals and employers says he is basically of the kinds "shut the door behind me" attitude.
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TeddyKoochu
01-24 10:20 AM
Based on the information available i am expecting EB2-I will get 8-12K visa this year (2011), unlike 20k last year (2010). Which means the PD will move as far as Nov-06 or Dec-06 the best this year.
No FB Spillover
High PERM approvals
Also porting may play a big role this year (EB3-ROW to EB2-ROW and EB3-I to EB2-I).
The high perm approvals are not translating into high I140 approvals refer to the completions on the dashboard also RFE's are on the rise. So we may still get the same spillover this year even without any kind if FB. The 485 approvals for both Eb1 and EB2 ROW are way down this year from last year on that website.
No FB Spillover
High PERM approvals
Also porting may play a big role this year (EB3-ROW to EB2-ROW and EB3-I to EB2-I).
The high perm approvals are not translating into high I140 approvals refer to the completions on the dashboard also RFE's are on the rise. So we may still get the same spillover this year even without any kind if FB. The 485 approvals for both Eb1 and EB2 ROW are way down this year from last year on that website.
more...
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GC_1000Watt
03-23 04:02 PM
Hi Travellertvr! Since your extension came with a new I-94, your problems are solved automatically. There is no need for you to go out of country and come back either. As of now you are a legal resident here period.
Enjoy!!!
Enjoy!!!
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NWISE
03-31 02:59 PM
If there is a loophole and it is being exploited, plug the loophole, not scrap the program. If my head hurts, I don't cut off my head.
And loopholes will be exploited, if they exist. I would do it (and I'm sure majority of us would) if we could. Nothing illegal in that.
Kind of similar to how large corporates avoid paying taxes using every loophole and trick in the book even when they earn billions, while we end up paying tax on every dollar we earn.
P.S. I'm not saying falsifying documents is acceptable... that's illegal and that's an enforcement issue, not taking an advantage issue.
My 2 cents.
And loopholes will be exploited, if they exist. I would do it (and I'm sure majority of us would) if we could. Nothing illegal in that.
Kind of similar to how large corporates avoid paying taxes using every loophole and trick in the book even when they earn billions, while we end up paying tax on every dollar we earn.
P.S. I'm not saying falsifying documents is acceptable... that's illegal and that's an enforcement issue, not taking an advantage issue.
My 2 cents.
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questforgc
08-26 02:36 PM
congrats bluez.
Did you apply for AOS at all?
If i filed for AOS, can i do a CP like what you have described here?
I chose CP in my I140 but filed for AOS.
I guess there is a procedure for switching from AOS to CP, but just wanted to know what you got to say.
Did you apply for AOS at all?
If i filed for AOS, can i do a CP like what you have described here?
I chose CP in my I140 but filed for AOS.
I guess there is a procedure for switching from AOS to CP, but just wanted to know what you got to say.
Leo07
01-14 01:06 PM
...and Good Luck
rockstart
09-10 10:10 AM
Do you think the birth certificate from Indian consulate ( here in US) are acceptable?
Did you try that option?
Birth Certificate from consulate are not acceptable to USCIS. Please check wiki for details.
Did you try that option?
Birth Certificate from consulate are not acceptable to USCIS. Please check wiki for details.
