ibbu_arif
11-17 03:03 PM
Thanks for your replies.
Yes, I understood AP approvals cannot be posted to Outside US. You have to be physically present in US while it gets approved.
But one thing is NOT clear from the "rsdang's" statement "Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval... "..
"Are you referring to AP extension petition or the Original GC petition?"
Any other opinions from other Gurus of the forum?
I checked with my attorney and he confirmed that there shouldn't be any issue with the AOS petition. But he didn't confirm what will happen to my AP extension petition. I am still waiting for his response.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Looking at this PDF doc, there doesn't seem to be requirement that you need to have the AP to travel as long as you have valid H1B stamping.
Yes, I understood AP approvals cannot be posted to Outside US. You have to be physically present in US while it gets approved.
But one thing is NOT clear from the "rsdang's" statement "Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval... "..
"Are you referring to AP extension petition or the Original GC petition?"
Any other opinions from other Gurus of the forum?
I checked with my attorney and he confirmed that there shouldn't be any issue with the AOS petition. But he didn't confirm what will happen to my AP extension petition. I am still waiting for his response.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Looking at this PDF doc, there doesn't seem to be requirement that you need to have the AP to travel as long as you have valid H1B stamping.
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Quest99
09-14 03:54 PM
You started working for Company B before or after the H1 transfer receipt notice ?
is LCA for H1 filed after you joined company B - is it legal ?
Its likely possible you may have signed some contract with them in the offer letter, you can keep the communication only thru emails. And ask them for a copy for the basis for their standing.
Sorry I should have been more clear.
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
is LCA for H1 filed after you joined company B - is it legal ?
Its likely possible you may have signed some contract with them in the offer letter, you can keep the communication only thru emails. And ask them for a copy for the basis for their standing.
Sorry I should have been more clear.
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
DesiGuy
08-18 08:11 AM
in general, i agree with what akkarkarla says.
my personal view, i have NOT seen any type of discrimination. not saying it does not exist but just saying that i have not experienced it firsthand or seen anyone else being discriminated against.
also, london itself is lot more cosmopolitan than any other city i have seen (and i have see quite a few).
again, anyone thinking of moving should go to the site i mentioned and read throught he topics; there's one on life after HSMP.
Many of the guys who come the guys who come from less (or under) developed countries find it difficult to find a good job, but ppl with US experience who are exposed to the Western way of work (& life) should have an advantage and should not have much problems.
cheers
One thing that stands out from US vs Europe(UK included) is that it is very difficult to blend into the main stream. Especially in UK where it is divided into Zones. These zones say that you belong to that community and that race.
Secondly, the number of IT jobs are comparatively less in UK and Europe and some places you need to know the language ex. Working with SAP AG or in SAP AG you need to know Deutsche otherwise you feel you are lost.
Thirdly, there is difference in the way the Operations are done, Process and procedures followed.
As the proverb goes The other side of the wall is always green. We cannot say UK is good or Germany is good unless we experienced. And also just one person becomes successful everyone cannot. One thing I can say for sure If anyone has MBA from top notch schools they can go to the top of the ladder easily in London Financial Industries.
Einen sch�nen Tag noch!
my personal view, i have NOT seen any type of discrimination. not saying it does not exist but just saying that i have not experienced it firsthand or seen anyone else being discriminated against.
also, london itself is lot more cosmopolitan than any other city i have seen (and i have see quite a few).
again, anyone thinking of moving should go to the site i mentioned and read throught he topics; there's one on life after HSMP.
Many of the guys who come the guys who come from less (or under) developed countries find it difficult to find a good job, but ppl with US experience who are exposed to the Western way of work (& life) should have an advantage and should not have much problems.
cheers
One thing that stands out from US vs Europe(UK included) is that it is very difficult to blend into the main stream. Especially in UK where it is divided into Zones. These zones say that you belong to that community and that race.
Secondly, the number of IT jobs are comparatively less in UK and Europe and some places you need to know the language ex. Working with SAP AG or in SAP AG you need to know Deutsche otherwise you feel you are lost.
Thirdly, there is difference in the way the Operations are done, Process and procedures followed.
As the proverb goes The other side of the wall is always green. We cannot say UK is good or Germany is good unless we experienced. And also just one person becomes successful everyone cannot. One thing I can say for sure If anyone has MBA from top notch schools they can go to the top of the ladder easily in London Financial Industries.
Einen sch�nen Tag noch!
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tonyHK12
12-01 10:01 AM
Definitely a good idea.........the first thing that needs to happen is for us immigrants to contact our own employers (and if it is a big company - they will have some section that deals with govt affairs/lobbying) ask them to support our cause through action.......
I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).
If he chooses to donate would it be the "contribute" link?
Great! thanks for your efforts. Yes it would be good if he creates an account and logs in before donating, that way it would be credited as his contribution.
The link is in my signature but you can also follow the link 'Donate' at the top in green or 'Contributions' on the home page.
Of course other large companies like the ones in Silicon Valley, MS, etc could also directly reach out to our admin/core besides this and also help in lobbying.
I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).
If he chooses to donate would it be the "contribute" link?
Great! thanks for your efforts. Yes it would be good if he creates an account and logs in before donating, that way it would be credited as his contribution.
The link is in my signature but you can also follow the link 'Donate' at the top in green or 'Contributions' on the home page.
Of course other large companies like the ones in Silicon Valley, MS, etc could also directly reach out to our admin/core besides this and also help in lobbying.
more...
milind70
11-08 05:58 PM
I don't think 655K is a lot. Remember, 655K is for both EB and FB.
Now every year USCIS approved about 700-800K AOS, that mean they
can clear the 655K in less one year, why 655K is a big number?
Which year USCIS approved 700K AOS???
Now every year USCIS approved about 700-800K AOS, that mean they
can clear the 655K in less one year, why 655K is a big number?
Which year USCIS approved 700K AOS???
lapisguy
07-25 05:42 PM
Hi,
I was going thru the chain of I-140 issues, my case is a bit similar but wanted some expert advice...
My employer filed I-140 in June but I did not get any approval yet so my employer ask me to wait until it approved then file for I-485?
Are there chances that if I file I-485 it would get rejected?
I was going thru the chain of I-140 issues, my case is a bit similar but wanted some expert advice...
My employer filed I-140 in June but I did not get any approval yet so my employer ask me to wait until it approved then file for I-485?
Are there chances that if I file I-485 it would get rejected?
more...
viper673
06-07 09:17 PM
I entered the US as a student in Jan '99 and did a couple of trips on my F1 visa and since I got my H1-B approval notice in 2001, I never left until last December '07 and returned with a stamped H1-B visa.
I would be "ok" if they asked for all returns since 2001 as that's when I actually started working and used the H1-B, but why is he asking for returns from 1999, I have no clue...
That's why I mentioned it feels like he wants to deny my applicatoin. Can he deny it if I can't produce the returns for '99 and '00 even though I filed my returns and the IRS can't produce evidence that I did or didn't?
I do have the W-2's from '99 and '00...
Any ideas/help from senior members or someone that had a similar situation?
I would be "ok" if they asked for all returns since 2001 as that's when I actually started working and used the H1-B, but why is he asking for returns from 1999, I have no clue...
That's why I mentioned it feels like he wants to deny my applicatoin. Can he deny it if I can't produce the returns for '99 and '00 even though I filed my returns and the IRS can't produce evidence that I did or didn't?
I do have the W-2's from '99 and '00...
Any ideas/help from senior members or someone that had a similar situation?
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olddutch
10-27 02:57 PM
Sent H1B extension papers on Oct. 16th under Premium Processing to VSC.
Got e-mail on Oct. 24th that it got transferred to CA and a decision will be made within 15 days.
On Oct. 26 online status showed that this case has been approved. Also got e-mail the same day regarding the approval.
Hope this information helps.
Good Luck to everyone!
Got e-mail on Oct. 24th that it got transferred to CA and a decision will be made within 15 days.
On Oct. 26 online status showed that this case has been approved. Also got e-mail the same day regarding the approval.
Hope this information helps.
Good Luck to everyone!
more...
Prasad_FL
08-02 04:57 PM
I am in Miami/Miramar area.
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h1techSlave
07-13 07:57 PM
Thanks every body for explaining these things.
And now, what can I do to get out of the "unknown quantity" with a grey square?
Cheers,
h1techSlave
And now, what can I do to get out of the "unknown quantity" with a grey square?
Cheers,
h1techSlave
more...
cool_guy_onnet1
06-01 01:45 PM
Are you sure of this? I, of course, hope you are right. It would be great!
Please post this where it's VISIBLE
Please post this where it's VISIBLE
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rheoretro
09-25 05:20 PM
This will not amount to discrimination in any way. If you are not able to show the proof that you are legally entitled to staying in the country for the coming 3-5 years (and many people here are extending their H1 status every year) it will be very risky for a lender to extend a 15-30 year mortgage to you.
As a matter of fact in a very competitive market lenders most likely won't turn your application down, but will make you pay more in interest, which again does not qualify as any kind of discrimination.
I was approved a mortgage app. at very competetive rates... you can be asked by a lender whether you are a permanent resident or citizen or not, but you cannot be turned away just because your GC is still in the works.
And if someone does choose to leave the country for some reason, they sell the property or put it on rent. Hopefully, they would have bought intelligently enough so that in case they need to put the property on rent, the rent would cover the mortgage!
As a matter of fact in a very competitive market lenders most likely won't turn your application down, but will make you pay more in interest, which again does not qualify as any kind of discrimination.
I was approved a mortgage app. at very competetive rates... you can be asked by a lender whether you are a permanent resident or citizen or not, but you cannot be turned away just because your GC is still in the works.
And if someone does choose to leave the country for some reason, they sell the property or put it on rent. Hopefully, they would have bought intelligently enough so that in case they need to put the property on rent, the rent would cover the mortgage!
more...
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hopefulgc
08-07 09:18 AM
I have already filed on July 2nd.
i am sending my spouse's in the next few days.
I am doing:
i-485 - $ 325 + $70
i-131 - $170
i-765 - $180
using FEDEX delivery
to the following address:
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
If anyone think that I am wrong, please correct me.
i am sending my spouse's in the next few days.
I am doing:
i-485 - $ 325 + $70
i-131 - $170
i-765 - $180
using FEDEX delivery
to the following address:
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
If anyone think that I am wrong, please correct me.
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bluez25
07-15 04:00 PM
And My details are below.
Category EB2
LC PD: FEB-2006
LC AD: Mar-2006
I-140 FD: 23-May-2006
I-140 RD/ND: 25-May-2006
I-140 LUD: 29-July-2006
I-140 RFE : 15 November 2006
I-140 Responded: 14 December 2006
I-140 AD: 11 Jan 2007
DS 230 Received in April 2007
DS 230 Submitted to NVC in May 2007
NVC forwarded the case to Chennai on June 5th 2007
Chennai Consulate appointment : August 11th 2008
Category EB2
LC PD: FEB-2006
LC AD: Mar-2006
I-140 FD: 23-May-2006
I-140 RD/ND: 25-May-2006
I-140 LUD: 29-July-2006
I-140 RFE : 15 November 2006
I-140 Responded: 14 December 2006
I-140 AD: 11 Jan 2007
DS 230 Received in April 2007
DS 230 Submitted to NVC in May 2007
NVC forwarded the case to Chennai on June 5th 2007
Chennai Consulate appointment : August 11th 2008
more...
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amitjoey
05-19 04:45 PM
If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.
The reason it is stuck at 2001 is because a lot of people that did not belong to the EB3 queue got visas out of EB3 IN 2001. This was because of a law that was passed in 2000 that sunset in April 2001. Thousands of so called "special immigrants".. (Illegals- I guess) got them. See: http://www.usavisanow.com/245iext.html
These were individuals that came in - illegally, but their employers could not file for them. Interestingly and Ironic is that legals were not eligible to apply under that act - LIFE ACT, 2001
http://www.brama.com/news/press/010405_lifeact2000.html
Also, add the wastage that happens every year. USCIS wastes (does not use) a lot of visas every year and they lapse.
Also some years, when there was a visa recapture (I believe 2003-2004).. 50,000 of the so-counted EB3's were given away to nurses. There was a special category.
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.
The reason it is stuck at 2001 is because a lot of people that did not belong to the EB3 queue got visas out of EB3 IN 2001. This was because of a law that was passed in 2000 that sunset in April 2001. Thousands of so called "special immigrants".. (Illegals- I guess) got them. See: http://www.usavisanow.com/245iext.html
These were individuals that came in - illegally, but their employers could not file for them. Interestingly and Ironic is that legals were not eligible to apply under that act - LIFE ACT, 2001
http://www.brama.com/news/press/010405_lifeact2000.html
Also, add the wastage that happens every year. USCIS wastes (does not use) a lot of visas every year and they lapse.
Also some years, when there was a visa recapture (I believe 2003-2004).. 50,000 of the so-counted EB3's were given away to nurses. There was a special category.
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navyug
05-14 10:59 PM
Hi,
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
You are faking!!!
Here are the reasons...
1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.
2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).
3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.
4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.
So Stop faking!!!
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
You are faking!!!
Here are the reasons...
1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.
2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).
3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.
4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.
So Stop faking!!!
more...
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ticktoe
09-03 02:02 PM
I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.
Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?
Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.
Is it worth changing employer for gaining 2 yrs of expereince for my LC.
Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing
DOES THE EXPEREINCE with MS makes it better for EB2 ?
Please let me know if there are some experts out there
Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?
Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.
Is it worth changing employer for gaining 2 yrs of expereince for my LC.
Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing
DOES THE EXPEREINCE with MS makes it better for EB2 ?
Please let me know if there are some experts out there
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sravani
05-15 12:50 PM
Is there already a poll like this for EB3?
EB3 polls are here:
http://immigrationvoice.org/forum/showthread.php?t=4440
http://immigrationvoice.org/forum/showthread.php?t=4420
EB3 polls are here:
http://immigrationvoice.org/forum/showthread.php?t=4440
http://immigrationvoice.org/forum/showthread.php?t=4420
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chanduv23
05-05 08:49 AM
The info I got is I can not apply for 7th year based on the approved LC I have. But I can apply for 7th year based on the LC pending with PBEC. My problem is that LC applied in Marc 2005, is thr some other employer and I do not have any details of this application. I sent 3 emails to PBEC for screenshot which can be used as proof od pending LC and I can then apply for 7th year extension. But unfortunately I did not get any response from PBEC, I know some people get the response within 2-3 hrs from them????
Another possibility is if the pending I-140 is approved by Aug end I can apply for 3 year extension.
So I am totally uninformed what's the future. I talked with the lawyer who filed my earlier labor, she says we can demand for screenshot only in June, then we will get response from PBEC.
Hope this helps.
You need to contact your old employer for your L/C application info. If you cannot do that, try contacting their lawyer.
Another possibility is if the pending I-140 is approved by Aug end I can apply for 3 year extension.
So I am totally uninformed what's the future. I talked with the lawyer who filed my earlier labor, she says we can demand for screenshot only in June, then we will get response from PBEC.
Hope this helps.
You need to contact your old employer for your L/C application info. If you cannot do that, try contacting their lawyer.
njboy
09-20 10:41 AM
dont look a gift horse in the mouth
Joybose
08-14 02:58 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Hey, which service center, Texas or Nebraska.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Hey, which service center, Texas or Nebraska.
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