bharatmb
07-16 02:05 PM
Recently joined IV. The trigger for me was the July visa bulletin fiasco. I am sure that it caused a spike in activity/interest on IV, so, some good will come out of it, hopefully.
However, we can't just put all the blame on USCIS/July bulletin fiasco, for all our woes. Getting our apps in at USCIS, will grant us some immediate benefits, but, we still might have to wait for a pretty long time, to get a GC. We also need to look at more permanent solutions through legislation, which would actually reduce the GC backlog.
Attended the SJ rally on the 14th, the turnout was good, but, could have been much better. IMO, the impact will be limited (a one min spot on TV is better than none, but, not enough). The pressure has to come from big company CEOs pushing Congress, IV lobbying efforts, etc.
However, we can't just put all the blame on USCIS/July bulletin fiasco, for all our woes. Getting our apps in at USCIS, will grant us some immediate benefits, but, we still might have to wait for a pretty long time, to get a GC. We also need to look at more permanent solutions through legislation, which would actually reduce the GC backlog.
Attended the SJ rally on the 14th, the turnout was good, but, could have been much better. IMO, the impact will be limited (a one min spot on TV is better than none, but, not enough). The pressure has to come from big company CEOs pushing Congress, IV lobbying efforts, etc.
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belmontboy
08-14 08:41 PM
Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
he could either be lying or the lawyer screwed up
- Can this actually happen (that RFE doesn't get delivered at all) ?? -
Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
you can track ur case online.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
he could either be lying or the lawyer screwed up
- Can this actually happen (that RFE doesn't get delivered at all) ?? -
Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
you can track ur case online.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
rajuram
09-15 11:09 PM
Hawaii is an outlying US state. Going to Hawaii should be no different than flying between two cities within continental US.
Please double check on the advice before traveling. I know from personal experience that when you travel to South Padre Island, which is very much a part of the US, on the way back you are stopped at a check point. If you are not a citizen, or a permanent resident, then you have to show your papers.
Please double check on the advice before traveling. I know from personal experience that when you travel to South Padre Island, which is very much a part of the US, on the way back you are stopped at a check point. If you are not a citizen, or a permanent resident, then you have to show your papers.
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HRPRO
02-22 02:10 PM
snathan - How different is different enough for USCIS/DOL to be okay with it? Would the num of years of experience be helpful if it was different.
I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.
Thanks
One more thing to take ino consideration is during the audit, along with your HR department DoL will review similar jobs within your organisation and check the requirements for those jobs. They will have to be similar, else you will have an issue.
I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.
Thanks
One more thing to take ino consideration is during the audit, along with your HR department DoL will review similar jobs within your organisation and check the requirements for those jobs. They will have to be similar, else you will have an issue.
more...
lskreddy
11-18 11:07 PM
you will have to pay the new fee, which is $305. Do efiling, it is easy and convenient.
Thanks for the info.
Is e-filing an option for folks like me who did not submit the I-131 form while I filed I-485?
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
USCIS reminds the public that all filings submitted on or after July 30, 2007 via the electronic filing system must be submitted with payment of the new fees.
Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
I tried reading the above but could not conclude whether I should or not. Was this announcement valid only until 08.17.07 or forever?
Thanks for the info.
Is e-filing an option for folks like me who did not submit the I-131 form while I filed I-485?
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
USCIS reminds the public that all filings submitted on or after July 30, 2007 via the electronic filing system must be submitted with payment of the new fees.
Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
I tried reading the above but could not conclude whether I should or not. Was this announcement valid only until 08.17.07 or forever?
vxb2004
05-31 05:53 PM
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
tpcool,
Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.
Good luck.
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
tpcool,
Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.
Good luck.
more...
ivgclive
10-29 01:53 PM
Because,
You have been threatened
You have been fired
You have been unemployed...
...You want to try something against them. But what are we trying to prove?
Take it to court only if you think you want to sue them and get money. As other said, it is an expensive process on your side too.
If you just want to prove it is a "wrongful termination", you don't have to. In US eveyone knows what is "fired" means in this economy.
If you just want to be reinstated in the same position, it is difficult to continue the job in a private company, if they are not willing to employ you.
In few days, the urge will go away.
You will realise that your new job is much better than the one you left. Just enjoy.
You can lodge a complaint with DOL, USCIS, sue your employer, prove 'wrongful termination' etc. But unncessary load to carry.
Good luck with your new job.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
You have been threatened
You have been fired
You have been unemployed...
...You want to try something against them. But what are we trying to prove?
Take it to court only if you think you want to sue them and get money. As other said, it is an expensive process on your side too.
If you just want to prove it is a "wrongful termination", you don't have to. In US eveyone knows what is "fired" means in this economy.
If you just want to be reinstated in the same position, it is difficult to continue the job in a private company, if they are not willing to employ you.
In few days, the urge will go away.
You will realise that your new job is much better than the one you left. Just enjoy.
You can lodge a complaint with DOL, USCIS, sue your employer, prove 'wrongful termination' etc. But unncessary load to carry.
Good luck with your new job.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
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Project_A
11-15 10:40 AM
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
more...
gcspace
08-12 07:31 PM
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
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mps
08-03 10:39 AM
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
H1B is always portable to new employer and if the basis of extension is pending GC application at any stage with other employer - thats perfectly fine.
What you do is, get H1B transfer to new employer and start your PERM with them ASAP so that,
either your PERM may be pending for more than a year before your H1B expires,
OR
you get new I-140 (if date current you get EAD if not you get another 3 year on H1B)
- I have done it myself in H1 7th year with pending LC so my situation was worse than your
Rule of thumb is GC for future employement so it does not matter which employer has pending application.
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
H1B is always portable to new employer and if the basis of extension is pending GC application at any stage with other employer - thats perfectly fine.
What you do is, get H1B transfer to new employer and start your PERM with them ASAP so that,
either your PERM may be pending for more than a year before your H1B expires,
OR
you get new I-140 (if date current you get EAD if not you get another 3 year on H1B)
- I have done it myself in H1 7th year with pending LC so my situation was worse than your
Rule of thumb is GC for future employement so it does not matter which employer has pending application.
more...
itstimenow
08-08 03:31 PM
I am not sure what it is misdemeanor or felony. I received an arrest warrant mail to report to police station I went and I was fingerprinted/photographed. I was asked to pay the traffic court fine and that is it.
Check this if it's a misdemeanor activity. You can call court in your county, give them yr docket/case number and find it out. Hope this helps.
Check this if it's a misdemeanor activity. You can call court in your county, give them yr docket/case number and find it out. Hope this helps.
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bugmenot
06-30 12:54 AM
ofcourse a very good news...but at the same time if VB for next month is disappointing , what will be next plan of action.. to have SkILL bill or any way to have interim bills passed?
i don't think its good news ,the failing of the bill just proves that the congress is still xenophobic(or only responsive to the xenophobic anti immi's) if the bill was to legalise 12M brits or other whites it would have sailed through..thats a fact and that speaks alot about this society we live in, coming to legal immi, u think they care? Sessions n all will be as venomous when it comes down to legal, they just used it as an excuse to clobber illegal immi , if he really cared he would not have obstructed the SKIL in dec 2006, its gonna get worse coz now the anti immi's have grown in strength and confidence , no bill helping legal immi is ever gonna pass, they might increase the h1b's a lil bit but will introduce tons of h1b/L1 killers so forget anything thats gonna help anybody in here now be it GC retro or whatever,
i don't think its good news ,the failing of the bill just proves that the congress is still xenophobic(or only responsive to the xenophobic anti immi's) if the bill was to legalise 12M brits or other whites it would have sailed through..thats a fact and that speaks alot about this society we live in, coming to legal immi, u think they care? Sessions n all will be as venomous when it comes down to legal, they just used it as an excuse to clobber illegal immi , if he really cared he would not have obstructed the SKIL in dec 2006, its gonna get worse coz now the anti immi's have grown in strength and confidence , no bill helping legal immi is ever gonna pass, they might increase the h1b's a lil bit but will introduce tons of h1b/L1 killers so forget anything thats gonna help anybody in here now be it GC retro or whatever,
more...
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bfadlia
03-17 12:13 PM
^^^^^^^^^
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gconmymind
08-16 05:32 PM
Howdy fellow Aliens,
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
EAD is for work, SSN for Tax purposes, etc. Apply for SSN, I dont think you need to wait for the actual SSN number before your wife starts working.
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
EAD is for work, SSN for Tax purposes, etc. Apply for SSN, I dont think you need to wait for the actual SSN number before your wife starts working.
more...
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monkeyman
10-10 02:07 PM
Once you get your GC, you can do what you want when you want. You can work anywhere. Your consulting company nor any company has the right to hold you on any contract whatsoever, unless ofcourse your client has non competitive contract that prohibits you from joining them.
For naturalization, it does not matter whatsoever. You can say that you were offered a better position that matched your skill set and experience and hence you ("on your own free will") joined another company. And hey, congrats. Worry not. U R much better off. Love your job, not the company!!! And you can work 2 jobs that are not even related. No one cares -
For naturalization, it does not matter whatsoever. You can say that you were offered a better position that matched your skill set and experience and hence you ("on your own free will") joined another company. And hey, congrats. Worry not. U R much better off. Love your job, not the company!!! And you can work 2 jobs that are not even related. No one cares -
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voldemar
01-10 10:33 AM
I am in similar situation,
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
If she doesn't have AP approved or H4 visa stamp, her 485 application could be treated as abandoned when she leaves US.
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
If she doesn't have AP approved or H4 visa stamp, her 485 application could be treated as abandoned when she leaves US.
more...
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Dhundhun
06-08 01:36 PM
Dhundhun,
Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
Thanks again
This site gives broad description of EB1 and its classification:
http://www.visaus.us/pages/greencard-EB1.htm
This is speciality area for lawyers: Can they put in EB-1(b) catagory, which is dependant on research/publication or EB-1(c) if on very senior management?
I think enough publications are required for EB-1(b), my couple of my friends with PhD could not get enough evidence to be placed in EB-1(b).
Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
Thanks again
This site gives broad description of EB1 and its classification:
http://www.visaus.us/pages/greencard-EB1.htm
This is speciality area for lawyers: Can they put in EB-1(b) catagory, which is dependant on research/publication or EB-1(c) if on very senior management?
I think enough publications are required for EB-1(b), my couple of my friends with PhD could not get enough evidence to be placed in EB-1(b).
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NKR
02-18 11:32 AM
And it may well depend upon the demand for H1b visas this year. If there is a huge demand for H1b visas like last year, there is a good chance congress may recapture lost H1b visas. Then EB visas may also be recaptured along with H1b visas.
But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
Fear of recession may also reduce new H1B visa demand.
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
Fear of recession may also reduce new H1B visa demand.
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
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Steve Mitchell
March 22nd, 2004, 01:45 PM
Actually they are very loose regarding cameras and fans. Can't say I've seen any L's on fans. I have seen fans with 10D's however.
ashkam
07-20 09:11 AM
My attorney said e-notice is fine and applied.
but in enotice it is written
Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa
I am worried if my packages comes back after aug 17?
My lawyer refused to file with the e-pproval and I agree with him. Why take a risk with such an important matter. If you're approved, you should get your approval notice in a couple of weeks at the most. File your 485 after that.
but in enotice it is written
Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa
I am worried if my packages comes back after aug 17?
My lawyer refused to file with the e-pproval and I agree with him. Why take a risk with such an important matter. If you're approved, you should get your approval notice in a couple of weeks at the most. File your 485 after that.
venkatosizolon
03-28 06:45 PM
My employer is not paying salary. Where I should complain about him so I can get salary.
Thx
Thx
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