GCwaitforever
03-17 08:58 PM
:)
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nixstor
10-24 10:41 AM
Guys,
I spoke with Erin this morning and told her that I liked the article and about our situation. She is willing to cover our story, how ever she has a full plate now. I guess after elections would be a good time. I sent her an email underscoring some of the issues. If any one of you would like to write to her please send me a PM for her email address.
I spoke with Erin this morning and told her that I liked the article and about our situation. She is willing to cover our story, how ever she has a full plate now. I guess after elections would be a good time. I sent her an email underscoring some of the issues. If any one of you would like to write to her please send me a PM for her email address.
CRAZYMONK
03-17 02:09 PM
Update your details so that we can know more information about your status.
Also you would'nt need MTR, its a NOID right so just send a response to it. For approved cases, NOID is like an RFE.
Also you would'nt need MTR, its a NOID right so just send a response to it. For approved cases, NOID is like an RFE.
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milind70
06-19 04:31 PM
Hi All,
The USCIS clinic I had been to does not have chicken pox vaccine and are not sure when they will get one. The Dr. said that they cant do anything about it and can write on the form that no vaccination was available. But she was not sure how USCIS would decide on this comment. Has anyone run into similar situation? What are my options in this scenario?
Thanks
Only MMR and TD are applicable for the age group you r in.
Chicken Pox is not applicable for adults.
The USCIS clinic I had been to does not have chicken pox vaccine and are not sure when they will get one. The Dr. said that they cant do anything about it and can write on the form that no vaccination was available. But she was not sure how USCIS would decide on this comment. Has anyone run into similar situation? What are my options in this scenario?
Thanks
Only MMR and TD are applicable for the age group you r in.
Chicken Pox is not applicable for adults.
more...
Robert Kumar
11-05 02:03 PM
Hi,
Can somebody work on 2 H1Bs at one time.
Company A is not willing to pay due to business loss.
Company B is willing to offer full time H1B employment only if transfer, and not on contract.
So if an employee moves from company A to company B in good terms, what happens to A's H1 Visa. Can the employee go back to A in future if needed after working for B for sometime. A is holding the greencard and ofcourse 485 is pending.
Just in case the employee wants to be in A's payroll also, but not get paid. How does that work.
What is the legal way in which A's H1 is not cancelled, and one can work with B, and then go back to A after sometime on same old A's H1.
Thank You,
Bobby.
Can somebody work on 2 H1Bs at one time.
Company A is not willing to pay due to business loss.
Company B is willing to offer full time H1B employment only if transfer, and not on contract.
So if an employee moves from company A to company B in good terms, what happens to A's H1 Visa. Can the employee go back to A in future if needed after working for B for sometime. A is holding the greencard and ofcourse 485 is pending.
Just in case the employee wants to be in A's payroll also, but not get paid. How does that work.
What is the legal way in which A's H1 is not cancelled, and one can work with B, and then go back to A after sometime on same old A's H1.
Thank You,
Bobby.
mani_r1
03-18 02:47 PM
I have attended multiple H1B visa interviews and so far I don't remember the consulate taking a copy of what was submitted for the interview. The visa officer just browse through the documents and gives it back.
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looivy
10-26 11:31 AM
Thanks for your replies.
Photos were included in the packets and has had both FP done.
Why are biometrics needed again.
Photos were included in the packets and has had both FP done.
Why are biometrics needed again.
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Pagal
09-28 09:31 AM
This is indeed a step in the right direction ... its a win-win situation for both countries as well...
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pkaurn
11-01 09:40 PM
kriskumar4u....
I understand that your are frustrated and panicing....but I would recommend 2 things...
1> Stop calling your lawyer every now and then. You said you have already talke to the lawyer and the lawyer says that he/she is going to re-file...so trust them....give them a few days....
2> Talk to your employer and tell him to be in touch with the lawyer about ur case...why should you be the one doing the running.....What the heck is ur employer doing.....You tell him that you are not going to take shit and run behind the attorney...if he needs the 20-30% from you then he better get his act together....
Do you think companies are trustworthy. I think its better to talk to lawyer directly as you can sue lawyers if they tell lies
I understand that your are frustrated and panicing....but I would recommend 2 things...
1> Stop calling your lawyer every now and then. You said you have already talke to the lawyer and the lawyer says that he/she is going to re-file...so trust them....give them a few days....
2> Talk to your employer and tell him to be in touch with the lawyer about ur case...why should you be the one doing the running.....What the heck is ur employer doing.....You tell him that you are not going to take shit and run behind the attorney...if he needs the 20-30% from you then he better get his act together....
Do you think companies are trustworthy. I think its better to talk to lawyer directly as you can sue lawyers if they tell lies
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missourian
08-29 12:50 AM
http://www.healthbenefitsplus.com/
https://www.ehealthinsurance.com/
www.healthbenefitsdirect.com/ (http://www.healthbenefitsdirect.com/) - I tried this before. They were quick & easy.
In my case **** sucking gulti (tamil) employer is deducting $300/month for me when in reality I am not covered. They are just sucking it freely. Sigh. I am tired of fighting with them over each & every issue - I strongly believe Karma will take it's course and punish them their dues.
Please don't generalize a problem and scold some one based on race,sex, ethnicity and linguistic basic, this is really a sensitive matter and it may offend someone.
I advice immigration voice admin to delete this post
https://www.ehealthinsurance.com/
www.healthbenefitsdirect.com/ (http://www.healthbenefitsdirect.com/) - I tried this before. They were quick & easy.
In my case **** sucking gulti (tamil) employer is deducting $300/month for me when in reality I am not covered. They are just sucking it freely. Sigh. I am tired of fighting with them over each & every issue - I strongly believe Karma will take it's course and punish them their dues.
Please don't generalize a problem and scold some one based on race,sex, ethnicity and linguistic basic, this is really a sensitive matter and it may offend someone.
I advice immigration voice admin to delete this post
more...
ashres11
08-27 12:28 PM
Now I am thinking this guy has definately screwd us. Reason
TSC : receipting 3rd July
NSC: 21 July
Where our files now? No clue.
NSC/ JULY 2/ FEDEX/ 10:28AM/ JBarrret
TSC : receipting 3rd July
NSC: 21 July
Where our files now? No clue.
NSC/ JULY 2/ FEDEX/ 10:28AM/ JBarrret
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tjayant
03-22 12:58 PM
Can you please let me know where to find the occupation codes , is it in my LC ?? filing , not sure where i should look for this information
-Jay
-Jay
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hebron
04-21 01:12 PM
Hi,
How do I check if there is an LUD on my case?
PD: Sep 2004 (EB3 India)
I-140 approved
I-485 applied
How do I check if there is an LUD on my case?
PD: Sep 2004 (EB3 India)
I-140 approved
I-485 applied
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lost_in_migration
01-07 12:40 PM
01/07/2008: Multiple-Year Single EAD-AP Card Reportedly Limited to Visa Regrogression 485 Filers
* Some more details have been released on Mr. Aytes' statement on this plan. Reportedly, such multiple year card may be issued only to those who suffer the visa number retrogression. In other words, those 485 filers who will experience delays in 485 applications who do not suffer from the visa number retrogression but from the USCIS delays including namechecks are not likely to benefit from the upcoming multi-year card issuance.
* Some more details have been released on Mr. Aytes' statement on this plan. Reportedly, such multiple year card may be issued only to those who suffer the visa number retrogression. In other words, those 485 filers who will experience delays in 485 applications who do not suffer from the visa number retrogression but from the USCIS delays including namechecks are not likely to benefit from the upcoming multi-year card issuance.
more...
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rajenk
07-22 01:18 PM
I am listing out what exactly, I have done and my EB3 GC is still active without any trouble. My current employer filed for GC and they are about to file my I-140 in EB2 porting my EB3 PD.
1. Get a legible copy of your current labor certification.
2. Get a legible copy of your current I-140, not the courtesy copy.
3. Get your H1 transferred. H4 is not needed to be transferred as the petitioner on H4 would be you or your current attorney. I would suggest you do a premium processing for H1.
4. DON'T give resignation notice until H1 is approved. Your new attorney might say, once filed you can join the new employer. NO don't do that in the current JOB environment.
5. Once H1 transfer approved, submit a polite cordial resignation letter. If you want a draft PM me. This is important to have a good relationship with your current employer. How ever bad your current employer/manager be. Just be polite.
6. Once they accept the resignation, get experience letters, you might need a corrected letters later once your new employer starts your new GC. The reason why I am asking you to be polite is for that. You might need to contact them again to get a corrected experience letter.
7. Start your new Job.
8. Do a address change if you are moving to a different place AR11. Do it online and make sure to say that you have pending applications that will trigger updates to your I-485, there will be LUD (Last Updated Date) changes. Do it for both yourself and your wife.
9. Now have your new attorney/new company file for G28 - "Change of representation". Along with this you need to submit AC21 support documents.
a. A letter from your new attorney that you are taking a different job based on your I-485 filing and pending for more than 180 days and using AC21 portability. Also he has to explain that your new job is "same/similar" to the job that you were doing. Provide the O*NET job code (Usually in the labor cert) and state that your new job matches with that old job code. Look up your code in this website O*NET OnLine (http://online.onetcenter.org/) and Justify your new title to be matching that. For eg. If your current job title is "Associate engineer" and your new title is "Sr.Software Engineer" an explanation as to why these two job titles are same/similar.
b. A letter from your new employer giving details about your new job and your duties, get those things in line with your current labor job description. And also should include the salary, don't worry about the difference, make sure it it not less than your current labor cert.
c. Include the AC21 memo attached.
d. Include the currently approved labor cert.
e. Include the currently approved I-140 copy.
10. When your new employer is ready to file labor, ask them to provide the minimum requirements for the job be Bachelors with 5+ years of experience or Masters. This is what makes your new job qualify for EB2. The next part is making you qualify for EB2, so if you are from India then make sure your Degree is a 4 year Bachelor degree and you have got 5+ years of experience already. Or if masters it should be 3+3 or 4+2 year Masters, in which the 3 and 4 are Bachelors (BSc, BE, B.Tech)
11. Once the labor is approved, file for new I-140 with a letter requesting for PD port from your previously approved I-140. You need to submit a copy of the original approval not the courtesy copy. I have explained this in detail in a different post, search for posts by my name.
At this stage if your EB2 priority date is current then you can interfile I-140 with the pending I-485. Then no need for step 12. If the PD is not current then you need to interfile when the PD is current.
12. Once I-140 is approved you have to interfile with your pending I-485.
Update: 10/01/2010. I got my and my wife's I-485 approved today. Yes porting from EB3 to EB2 works.
Then regarding the AP and EAD you can use it and your wife can use it. That will not be affected. In fact I got both mine and wife's EAD renewed for 2 years after job change and filing the AC21 documents. Also we have got new AP and traveled to India as well. And renewals of AP and EAD can be done by yourself, don't ask your new employer for all those perks, that will cause the new employer think about your new GC process.
Regarding the GC, just make sure that they agree up on at least on an e-mail from HR and or hiring manager. Don't insist that to be on your offer letter. E-mail agreement is more than sufficient.
Also it is safe to maintain dual status of H1 and EAD, like me and my wife do. That is a safety net just in case.
That is all I have to say.
And Congratulations! on your new job.
Good luck.
Raj:)
1. Get a legible copy of your current labor certification.
2. Get a legible copy of your current I-140, not the courtesy copy.
3. Get your H1 transferred. H4 is not needed to be transferred as the petitioner on H4 would be you or your current attorney. I would suggest you do a premium processing for H1.
4. DON'T give resignation notice until H1 is approved. Your new attorney might say, once filed you can join the new employer. NO don't do that in the current JOB environment.
5. Once H1 transfer approved, submit a polite cordial resignation letter. If you want a draft PM me. This is important to have a good relationship with your current employer. How ever bad your current employer/manager be. Just be polite.
6. Once they accept the resignation, get experience letters, you might need a corrected letters later once your new employer starts your new GC. The reason why I am asking you to be polite is for that. You might need to contact them again to get a corrected experience letter.
7. Start your new Job.
8. Do a address change if you are moving to a different place AR11. Do it online and make sure to say that you have pending applications that will trigger updates to your I-485, there will be LUD (Last Updated Date) changes. Do it for both yourself and your wife.
9. Now have your new attorney/new company file for G28 - "Change of representation". Along with this you need to submit AC21 support documents.
a. A letter from your new attorney that you are taking a different job based on your I-485 filing and pending for more than 180 days and using AC21 portability. Also he has to explain that your new job is "same/similar" to the job that you were doing. Provide the O*NET job code (Usually in the labor cert) and state that your new job matches with that old job code. Look up your code in this website O*NET OnLine (http://online.onetcenter.org/) and Justify your new title to be matching that. For eg. If your current job title is "Associate engineer" and your new title is "Sr.Software Engineer" an explanation as to why these two job titles are same/similar.
b. A letter from your new employer giving details about your new job and your duties, get those things in line with your current labor job description. And also should include the salary, don't worry about the difference, make sure it it not less than your current labor cert.
c. Include the AC21 memo attached.
d. Include the currently approved labor cert.
e. Include the currently approved I-140 copy.
10. When your new employer is ready to file labor, ask them to provide the minimum requirements for the job be Bachelors with 5+ years of experience or Masters. This is what makes your new job qualify for EB2. The next part is making you qualify for EB2, so if you are from India then make sure your Degree is a 4 year Bachelor degree and you have got 5+ years of experience already. Or if masters it should be 3+3 or 4+2 year Masters, in which the 3 and 4 are Bachelors (BSc, BE, B.Tech)
11. Once the labor is approved, file for new I-140 with a letter requesting for PD port from your previously approved I-140. You need to submit a copy of the original approval not the courtesy copy. I have explained this in detail in a different post, search for posts by my name.
At this stage if your EB2 priority date is current then you can interfile I-140 with the pending I-485. Then no need for step 12. If the PD is not current then you need to interfile when the PD is current.
12. Once I-140 is approved you have to interfile with your pending I-485.
Update: 10/01/2010. I got my and my wife's I-485 approved today. Yes porting from EB3 to EB2 works.
Then regarding the AP and EAD you can use it and your wife can use it. That will not be affected. In fact I got both mine and wife's EAD renewed for 2 years after job change and filing the AC21 documents. Also we have got new AP and traveled to India as well. And renewals of AP and EAD can be done by yourself, don't ask your new employer for all those perks, that will cause the new employer think about your new GC process.
Regarding the GC, just make sure that they agree up on at least on an e-mail from HR and or hiring manager. Don't insist that to be on your offer letter. E-mail agreement is more than sufficient.
Also it is safe to maintain dual status of H1 and EAD, like me and my wife do. That is a safety net just in case.
That is all I have to say.
And Congratulations! on your new job.
Good luck.
Raj:)
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cr52401
09-24 09:57 PM
My EB3 PERM LCis approved and I140 is aslo approved based on this EB3 PERM LAbor.
Now My employer is ready to file my EB2 PERM LC in Nov. But according to this text from Immigration-law.com, I CAN NOT do that. If my First PERM LC is pending or approved, the new PERM will be denied. Is it TRUE?
Here is the text. Please Help me Understand if this is true or False.
09/23/2006: DOL Policy on Multiple PERM Applications by Same Employer for Same Employee
The current policy is that when the same employer files a second PERM application for the same employee when there is a prior PERM application filed by the same employer for the same employee which is still pending or approved, National Processing Centers automatically deny the second PERM application. DOl intends to change this practice, but until such change is materialized, the DOL will continue its current policy not allowing more than one PERM application certifications for the same employer and same employee in the following manner:
*If the employer has already obtained certification of one PERM application and filed a second PERM application, the National Processing Center will continuously deny the second application. Once the second PERM application is denied such, the employer can file a motion to reconsider the denial, but such motion will not be considered unless the employer first files the requiest to withdraw the first certified PERM application and surrender the "original" certified PERM application form, ETA 9089. If the employer has already filed I-140 petition based on the first certified PERM application, since the employer no longer possesses the "original" certified ETA 9089, the withdrawal of the first certified application may be undertaken in order to save the second PERM application vis a motion to reconsider by submitting proof of the employer's withdrawal of pending or approved I-140 petition. Otherwise, the second PERM application will be denied.
*If the employer has already obtained certification of one PERM application,but wants to file a second PERM application, the employer is required to withdraw the certified first application and surrender the original certified ETA 9089 before the employer can file the second PERM application. Otherwise, the second PERM application will be denied.
*If the employer has filed a PERM application which is still pending, and if the employer wants to file a second PERM application, the employer must file a request for withdrawal before filing a second PERM application. Otherwise, the second application will be denied.
The foregoing policy has no effect on the certified PERM applications whatsoever as the certified labor certification application can not be invalidated unless there was a fraud. The foregoing policy is related to the second PERM application which has yet to be filed or certified. Accordingly, the first application which is either pending or certified will not be affected even if a second application is filed and denied.
The DOL is currently working on changes in the software logic to launch as early as October 2006 which will change the current practice and policy. Under the new system, the machine will not automatically deny the second application. Once the machine detects the multiple filings by the same employer for the same employer, the analysts will review the two applications comparing the two cases, and if necessary, will launch an audit to learn the reasons for second filing. Consequently, the employer will no longer see automatic denial of second application by the decision matrix once the new system is in place.
That is true. I haved exact same situation and I reaserched myself and also my attorny has same idea. You must withdrow the first one in order to be able to file the second PERM with the same employee.
I am wondering to see if they change the current law soon.
What is your PD?
Mine is 2003 EB3 from rest of the word and really would not to worht it for me to do so.
Thanks.
Now My employer is ready to file my EB2 PERM LC in Nov. But according to this text from Immigration-law.com, I CAN NOT do that. If my First PERM LC is pending or approved, the new PERM will be denied. Is it TRUE?
Here is the text. Please Help me Understand if this is true or False.
09/23/2006: DOL Policy on Multiple PERM Applications by Same Employer for Same Employee
The current policy is that when the same employer files a second PERM application for the same employee when there is a prior PERM application filed by the same employer for the same employee which is still pending or approved, National Processing Centers automatically deny the second PERM application. DOl intends to change this practice, but until such change is materialized, the DOL will continue its current policy not allowing more than one PERM application certifications for the same employer and same employee in the following manner:
*If the employer has already obtained certification of one PERM application and filed a second PERM application, the National Processing Center will continuously deny the second application. Once the second PERM application is denied such, the employer can file a motion to reconsider the denial, but such motion will not be considered unless the employer first files the requiest to withdraw the first certified PERM application and surrender the "original" certified PERM application form, ETA 9089. If the employer has already filed I-140 petition based on the first certified PERM application, since the employer no longer possesses the "original" certified ETA 9089, the withdrawal of the first certified application may be undertaken in order to save the second PERM application vis a motion to reconsider by submitting proof of the employer's withdrawal of pending or approved I-140 petition. Otherwise, the second PERM application will be denied.
*If the employer has already obtained certification of one PERM application,but wants to file a second PERM application, the employer is required to withdraw the certified first application and surrender the original certified ETA 9089 before the employer can file the second PERM application. Otherwise, the second PERM application will be denied.
*If the employer has filed a PERM application which is still pending, and if the employer wants to file a second PERM application, the employer must file a request for withdrawal before filing a second PERM application. Otherwise, the second application will be denied.
The foregoing policy has no effect on the certified PERM applications whatsoever as the certified labor certification application can not be invalidated unless there was a fraud. The foregoing policy is related to the second PERM application which has yet to be filed or certified. Accordingly, the first application which is either pending or certified will not be affected even if a second application is filed and denied.
The DOL is currently working on changes in the software logic to launch as early as October 2006 which will change the current practice and policy. Under the new system, the machine will not automatically deny the second application. Once the machine detects the multiple filings by the same employer for the same employer, the analysts will review the two applications comparing the two cases, and if necessary, will launch an audit to learn the reasons for second filing. Consequently, the employer will no longer see automatic denial of second application by the decision matrix once the new system is in place.
That is true. I haved exact same situation and I reaserched myself and also my attorny has same idea. You must withdrow the first one in order to be able to file the second PERM with the same employee.
I am wondering to see if they change the current law soon.
What is your PD?
Mine is 2003 EB3 from rest of the word and really would not to worht it for me to do so.
Thanks.
more...
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immigrationvoice1
12-20 12:05 PM
Situation: I have to sublet my apartment for a few months and will have to transfer the lease on the subletters' names, which means they will have their names on the mailbox for few months. After that, the lease will be on my name again. I am worried that in case if my GC comes in the next few months (being an optimist here), it may not get delivered if my name will not be on the mailbox.
Concern: I am hesitant to fill out the AR 11/address change form since I will have to do it again in a few months when I return; they haven't been found to be reliable (several members have posted related experiences, the most recent being:http://immigrationvoice.org/forum/showthread.php?t=16242
Question: Does anyone have any suggestions as to how to best deal with this situation?
Thank you in advance.
Why don't you go for the option of holding the mails for the period you will remain away by the post office ?
Concern: I am hesitant to fill out the AR 11/address change form since I will have to do it again in a few months when I return; they haven't been found to be reliable (several members have posted related experiences, the most recent being:http://immigrationvoice.org/forum/showthread.php?t=16242
Question: Does anyone have any suggestions as to how to best deal with this situation?
Thank you in advance.
Why don't you go for the option of holding the mails for the period you will remain away by the post office ?
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sunny1000
12-26 04:38 PM
Hi,
Can you give me some suggestion on good hotels which are within 1KM from the US Consulate Chennai?
Thanks.
In addition to Palm Grove (as mentioned in another post) Taj Coromandel is right across from the Consulate but, it is expensive. Chola Sheraton is another Hotel in that road (approx 1km away).
Can you give me some suggestion on good hotels which are within 1KM from the US Consulate Chennai?
Thanks.
In addition to Palm Grove (as mentioned in another post) Taj Coromandel is right across from the Consulate but, it is expensive. Chola Sheraton is another Hotel in that road (approx 1km away).
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nitinba
06-04 07:12 PM
His consulting company is Volt, very well known to fire people as soon as contract is over. In his case company that he was consulting at had to go through some budget cuts and they fired 50% of their contractors.
Thanks everyone, he spoke to his new employer and they are willing to help him out by doing premium processing. But they are now asking him to join only when they will get the transfer petition approved :-(
Thanks everyone, he spoke to his new employer and they are willing to help him out by doing premium processing. But they are now asking him to join only when they will get the transfer petition approved :-(
akhilmahajan
09-12 09:34 AM
waitin_toolong,
So what you are saying is that I can change jobs based on a H1 tranfer also, but that would need them to sponsor for H1.
However, if I change saying I am authorized to work and don't need any sponsorship, I am basically voiding the existing H1-B by moving to this new job.
EAD, I guess then does not come into play in either of the above mentioned scenarios for me.
Is this right..??
As far as i know, you should not transfer your h-1 before 180 days of filing 485 and an approved 140. this is what i have understood from different posts. I am not saying i am 100% right, but better talk to an attorney. You can use EAD to work 2 jobs, while you are working for ur current employer who has filed ur 485.
I hope this helps.
Meanwhile are you joining us for the rally?
Will really appreciate if you can do that. Please help IV in any way you can. Helping IV means helping youself.
So what you are saying is that I can change jobs based on a H1 tranfer also, but that would need them to sponsor for H1.
However, if I change saying I am authorized to work and don't need any sponsorship, I am basically voiding the existing H1-B by moving to this new job.
EAD, I guess then does not come into play in either of the above mentioned scenarios for me.
Is this right..??
As far as i know, you should not transfer your h-1 before 180 days of filing 485 and an approved 140. this is what i have understood from different posts. I am not saying i am 100% right, but better talk to an attorney. You can use EAD to work 2 jobs, while you are working for ur current employer who has filed ur 485.
I hope this helps.
Meanwhile are you joining us for the rally?
Will really appreciate if you can do that. Please help IV in any way you can. Helping IV means helping youself.
kumsoft
08-01 01:51 PM
Where did you file I-485? Where was your I-140 approved from NSC or TSC?
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