psaxena
11-19 04:05 PM
Wait why not the immigration lawyer can advertise here and scare the shit of the people.
Manpreet Bawa can do advertising for "Life Insurance" and Hebbar77 can do for his coaching classes and show the anti immigrant attitude to divert everyone.
Atleast this post is a bit relevant to immigration stuff happening. People should not worry about these if they are doing the right thing and are doing with in the lines.
Yo, Mr/Ms Lawyer - Blog Feeds-Senior member, I understand that you are an immigration attorney and have every right to drum up business.
BUT, please stop sympathising with these "Company A" and "Company B" types "consultants". These are nothing more than vampires who have created a huge mess for genuine EB applicants and are in a large part responsible for the mess that EB I/C finds itself in, today.
Why are these companies so scared if they are following the law?
The reason is because they are fraudsters, and have brought it upon themselves. I hope USCIS finds each and every one of these companies who have flooded the US market with EB-2 and EB-3 applicants, based on FAKE credentials. They need to be found, charged under applicable law, their assests seized and the owners of these companies put in the slammer.
I have worked with contract houses who have long standing reputation in the market and will under no circumstances entertain or employ anybody who expects them to file any kind of visa or immigrant petition, unless their credentials are solid and they can pass an extensive background check.. Those companies have nothing to fear about.
So, cry me a river...go ahead..
Manpreet Bawa can do advertising for "Life Insurance" and Hebbar77 can do for his coaching classes and show the anti immigrant attitude to divert everyone.
Atleast this post is a bit relevant to immigration stuff happening. People should not worry about these if they are doing the right thing and are doing with in the lines.
Yo, Mr/Ms Lawyer - Blog Feeds-Senior member, I understand that you are an immigration attorney and have every right to drum up business.
BUT, please stop sympathising with these "Company A" and "Company B" types "consultants". These are nothing more than vampires who have created a huge mess for genuine EB applicants and are in a large part responsible for the mess that EB I/C finds itself in, today.
Why are these companies so scared if they are following the law?
The reason is because they are fraudsters, and have brought it upon themselves. I hope USCIS finds each and every one of these companies who have flooded the US market with EB-2 and EB-3 applicants, based on FAKE credentials. They need to be found, charged under applicable law, their assests seized and the owners of these companies put in the slammer.
I have worked with contract houses who have long standing reputation in the market and will under no circumstances entertain or employ anybody who expects them to file any kind of visa or immigrant petition, unless their credentials are solid and they can pass an extensive background check.. Those companies have nothing to fear about.
So, cry me a river...go ahead..
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desi3933
06-18 02:56 PM
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
.jpg "Nicki Minaj - Pink Friday")
walking_dude
11-21 02:26 PM
Hope he finds a job soon. It's sad to see bad things happening to good people.
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
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vasa
07-13 11:55 PM
done, it shows 2038 signatures now...
keep doing this folks.. we need a multi-pronged approach...
let there be "shock and awe"
keep doing this folks.. we need a multi-pronged approach...
let there be "shock and awe"
more...
poorslumdog
09-13 11:52 AM
Hello Attorney,
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
If you are out of the country for six months...you will lose your GC. Dont do that mistake.
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
If you are out of the country for six months...you will lose your GC. Dont do that mistake.
Winner
10-09 11:03 AM
I see people cursing, hoping, praying etc. But very few understand how bad the situation is.
Wake up and get active! Least you can do is sign-up for monthly contributions; at least we will have the money to fight this uphill battle
Wake up and get active! Least you can do is sign-up for monthly contributions; at least we will have the money to fight this uphill battle
more...
godbless
05-31 07:46 PM
I'm surprised that with a November 2001 PD that you are getting an interview already, since EB-3 is still retrogressed--EB3 world is only at July 1 2001 for June 2006
The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.
Cheers!!!!!!
The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.
Cheers!!!!!!
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Maverick_2008
04-16 09:34 AM
Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
EAD/AP should be extended by you. I am surprised your employer is involved in this. You will need a copy of your 485 receipt notice.
Even if you are working on H-1b, it is much safer to pony up the money and keep your EAD renewed and available at all times. You never know when things change.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
EAD/AP should be extended by you. I am surprised your employer is involved in this. You will need a copy of your 485 receipt notice.
Even if you are working on H-1b, it is much safer to pony up the money and keep your EAD renewed and available at all times. You never know when things change.
more...
h1techSlave
07-15 10:39 AM
The reason for these kinds of unreasonable RFEs is simple - Improving the US economy; one RFE at a time.
In my understanding there is no rule or guidelines regarding usage of same photos more than once. The only restriction is that the photo should not be more than 6 months old. If I remember correctly, I have used the same photos for various purposes like Visa, EAD, AP etc.
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
In my understanding there is no rule or guidelines regarding usage of same photos more than once. The only restriction is that the photo should not be more than 6 months old. If I remember correctly, I have used the same photos for various purposes like Visa, EAD, AP etc.
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
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lvinaykumar
05-18 12:22 PM
I would like to post a positive answer, but the fact is "it does not" . Unless the "DO Noting" Congress Does something - no relief soon. If you are young and in EB3 (with '08) PD, Use this time to earn a higher degree if possible and at some point in future, it might help you apply under the E2 or E1 category.
While waiting for my GC i have completed my Management program from Northwestern University and now i got myself ported to EB2. Knowing i cant got anywhere helped me focus on my Masters and get it completed. Now i am waiting to get the GC before i look for a new job. I think porting from EB3 to EB2 is going to help people in the EB3 queue who are not supported by their companies to covert to EB2.
While waiting for my GC i have completed my Management program from Northwestern University and now i got myself ported to EB2. Knowing i cant got anywhere helped me focus on my Masters and get it completed. Now i am waiting to get the GC before i look for a new job. I think porting from EB3 to EB2 is going to help people in the EB3 queue who are not supported by their companies to covert to EB2.
more...
dilbert_cal
04-24 11:39 PM
If your previous company has closed down, there isnt any way you can port the PD.
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
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wandmaker
09-10 11:58 AM
thanks i hope everything will be ok..one last question what are my chances to have a consular processing?of course i don't want to leave the country and issue my h1b there cause im already here.thanks
USCIS will not approve your COS because you have no status, rather they may approve a petition for consular processing. Even if USCIS approves your H1B petition for consular processing, you only have 10% probability to stamp your H1B because
1 - you used your tourist visa to find work
2 - you have overstayed your I-94
USCIS will not approve your COS because you have no status, rather they may approve a petition for consular processing. Even if USCIS approves your H1B petition for consular processing, you only have 10% probability to stamp your H1B because
1 - you used your tourist visa to find work
2 - you have overstayed your I-94
more...
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wandmaker
09-17 11:13 PM
Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Take infopass, go with your welcome notice, get 551 stamp - it will allow you to travel until you get the physical card. Usually, 551 stamp is valid 1 year from the date of stamping.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Take infopass, go with your welcome notice, get 551 stamp - it will allow you to travel until you get the physical card. Usually, 551 stamp is valid 1 year from the date of stamping.
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gc_check
06-26 04:20 PM
Please take the above poll.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
Depends on the employed company's policy and the agreement given to you initially with this regards. My company policy is they will cover all expenses/fees related to Green Card, except for I-131 for employee. This has to be taken care by employee themselves. For dependents they will NOT cover any expenses/fees and we have to pay, but they will do the paper work and will file for you. We have to just pay the appropriate fees. Also we do not have external law firm doing the paper work, the company has its own legal department with immigration attorney's who does the paper work.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
Depends on the employed company's policy and the agreement given to you initially with this regards. My company policy is they will cover all expenses/fees related to Green Card, except for I-131 for employee. This has to be taken care by employee themselves. For dependents they will NOT cover any expenses/fees and we have to pay, but they will do the paper work and will file for you. We have to just pay the appropriate fees. Also we do not have external law firm doing the paper work, the company has its own legal department with immigration attorney's who does the paper work.
more...
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aadimanav
06-14 11:13 AM
Any one???
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anjans
08-28 03:33 PM
internal for who do u work DOS/USCIS u jerk
I think there have been enuf members writing about visa limit being reached for india/china EB-2. I wonder why ppl are still calling each other names when somebody posts something he things others will benefit from. This will defeat the purpose of this forum.
I think there have been enuf members writing about visa limit being reached for india/china EB-2. I wonder why ppl are still calling each other names when somebody posts something he things others will benefit from. This will defeat the purpose of this forum.
more...
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Cheetah5
01-28 12:03 AM
Hi,..
My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
Reason - travel language in the notice of filing but not on form 9089.
Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?
As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
thanks,..
My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
Reason - travel language in the notice of filing but not on form 9089.
Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?
As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
thanks,..
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shirish
12-19 10:34 AM
Core team can send emails to members with date and time and phone number they should call on. That way it can be organized as well.
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akkakarla
09-01 06:09 PM
I was interviewed in July 2008 at San Jose office and before that in Oct 2005. I went to the San Jose Local office with Infopass Appointment and only disappointment news. When they interviewed and determined it as pending visa number availability it means pre-adjuducated. Now they are saying they have to locate the files and this is 3rd time they are doing this. I lost my cool and fired back at them saying incompetent to work there.
The files are not going back to service center. They will not be kept at the officer room but will be stored in a room somewhere in the office. This is the problem there is no standard process. Think people who got their cases moved to local office are cursed.
Can anyone please tell any other approvals from local office and if so what are the steps they took to get to the approval process. Any tips will really be helpful.
The files are not going back to service center. They will not be kept at the officer room but will be stored in a room somewhere in the office. This is the problem there is no standard process. Think people who got their cases moved to local office are cursed.
Can anyone please tell any other approvals from local office and if so what are the steps they took to get to the approval process. Any tips will really be helpful.
stones
07-08 05:33 PM
Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.
In my Internationa office ther gave me this email
# On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
# 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
# On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
# On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.
Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
we recommend that you speak with an immigration attorney immediately to review your options.
I have attached a list of recommended immigration attorneys.
If one of the recommended immigration attorneys provides information in regard to your situation that would be
helpful in our response to the second RFE. Please forward all information by July 20th.
Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
where you will obtain your visa at so we can provide USCIS with this information.
In my Internationa office ther gave me this email
# On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
# 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
# On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
# On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.
Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
we recommend that you speak with an immigration attorney immediately to review your options.
I have attached a list of recommended immigration attorneys.
If one of the recommended immigration attorneys provides information in regard to your situation that would be
helpful in our response to the second RFE. Please forward all information by July 20th.
Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
where you will obtain your visa at so we can provide USCIS with this information.
skarthy
07-21 09:56 AM
Some of my friends who applied a week after me have got it.
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