legalservice
10-08 04:40 PM
I have been laid off yesterday. My employment ends Dec.
My 180 days expire Jan. My company said they will not revoke the I-140.
So can anyone explain the steps that needs to be taken by company B after they transfer my h1, for time period Dec thru Jan.
Can I use ac21 afterwards? and
Can myself or my wife work on the EAD that will come to our home address?.
What else needs to be done by company B.
Will we just get our green card in email.
If a query comes should I prove that I'm employed with the former company or is it to sufficient to show employment with similar position alone?
In short if the former company does not revoke I-140 and I take care of the status thru H1b transfer for the 1 month to hit 180 days, will I need to reapply for the GC?
Please advice to what you think is right based on your best knowledge.
You should be OK as long as you don't get a query. If the query is for the I-140, just send them the information they ask for without explaining too much. If the RFE is for the I-485, hopefully, you'd be able to show that you worked 180 days for your sponsoring company. You may want to consult an immigration attorney on this one.
Disclaimer: My opinion is the result of my immigration experience and free consultations with immigration attorneys as provided through legalserviceplans.info; however, it does not constitute legal advice.
My 180 days expire Jan. My company said they will not revoke the I-140.
So can anyone explain the steps that needs to be taken by company B after they transfer my h1, for time period Dec thru Jan.
Can I use ac21 afterwards? and
Can myself or my wife work on the EAD that will come to our home address?.
What else needs to be done by company B.
Will we just get our green card in email.
If a query comes should I prove that I'm employed with the former company or is it to sufficient to show employment with similar position alone?
In short if the former company does not revoke I-140 and I take care of the status thru H1b transfer for the 1 month to hit 180 days, will I need to reapply for the GC?
Please advice to what you think is right based on your best knowledge.
You should be OK as long as you don't get a query. If the query is for the I-140, just send them the information they ask for without explaining too much. If the RFE is for the I-485, hopefully, you'd be able to show that you worked 180 days for your sponsoring company. You may want to consult an immigration attorney on this one.
Disclaimer: My opinion is the result of my immigration experience and free consultations with immigration attorneys as provided through legalserviceplans.info; however, it does not constitute legal advice.
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NolaIndian32
02-07 02:11 PM
Sent three letters yesterday, and an additional 10 letters were sent by friends and family yesterday and today.
amitjoey
05-21 01:57 PM
Thanks Pagal, Optimist, Ezee, Krishmunn, Psvk, spicy_guy for your generous contributions.
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Total is $3200
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abhijitp
11-15 07:15 PM
I totally understand the push from IV to encourage state chapters and build grassroots strength to this movement.
Join the state chapter : IV does not have a state chapter in the state I live in - Nebraska,: So I thought I would start one and wrote to IV ...after initial response from IV , there has been no progress .
Start contributing: I have already contributed $100 and will contribute further as and when I can.
Volunteer for IV: Volunteered to start the state chapter.
Well I have done my bit so hopefully I will not be disparaged for making comments on this issue,
Singlemost big bottleneck is lack of "Visa Numbers"...
485 applications pending :~340,000( ~ 320,000(recent flood) + ~20,000 SWAG on previously pending ).
visa numbers have been lost in the recent past - ~200,000 (This is the number thrown around)
Visa numbers available if we recapture :~340,000 (200,000 + 140,000 of this years quota)
So, if we had not lost those numbers, retrogression would be minimal/reasonable.
We could have even accommodated the skewness of India & china numbers, because each year India & China would have been benefitted by unused ROW numbers.
From my above understanding, the quota(140,000) fixed seems to be fine/reasonable, though per country quota is extremely unrealistic. But even this will not hurt much as long as unused numbers are used up by year end.
IMHO, demanding recapture is more an easy/winnable/achievable argument than the one to raise the quota itself .
Because the reason the visa numbers were lost is purely due to incompetencies of two federal institutions. State Dept and USCIS.
For two and half years (05 - 07 June) they artificially retrogressed the dates
way back to 1999 - 2001.
This prevented any approvals and new applications even though plenty of visa numbers were available(~ 200,000 cumulative).
For congress/senate it is easy to make their case for recapture citing incompetencies of these institutions rather than making case for "INCREASE" in numbers.
Many ways to achieve this objective- Ask for increase and settle for recapture.
Anyway - My point is Recapture will solve most of our problems and we should channel most of our resources to achieve this objective.
Great initiative setting up your state chapter! Thanks, and good luck!
Now, recapturing wasted visa numbers is (IMO) obviously on the agenda. However, as you know almost everything has to happen via a change in the legislation. This is doable, but will require months, if not years, of careful planning and execution. That is why the need to strengthen the organization at the grass roots level.
Appreciate your post, thanks!
Join the state chapter : IV does not have a state chapter in the state I live in - Nebraska,: So I thought I would start one and wrote to IV ...after initial response from IV , there has been no progress .
Start contributing: I have already contributed $100 and will contribute further as and when I can.
Volunteer for IV: Volunteered to start the state chapter.
Well I have done my bit so hopefully I will not be disparaged for making comments on this issue,
Singlemost big bottleneck is lack of "Visa Numbers"...
485 applications pending :~340,000( ~ 320,000(recent flood) + ~20,000 SWAG on previously pending ).
visa numbers have been lost in the recent past - ~200,000 (This is the number thrown around)
Visa numbers available if we recapture :~340,000 (200,000 + 140,000 of this years quota)
So, if we had not lost those numbers, retrogression would be minimal/reasonable.
We could have even accommodated the skewness of India & china numbers, because each year India & China would have been benefitted by unused ROW numbers.
From my above understanding, the quota(140,000) fixed seems to be fine/reasonable, though per country quota is extremely unrealistic. But even this will not hurt much as long as unused numbers are used up by year end.
IMHO, demanding recapture is more an easy/winnable/achievable argument than the one to raise the quota itself .
Because the reason the visa numbers were lost is purely due to incompetencies of two federal institutions. State Dept and USCIS.
For two and half years (05 - 07 June) they artificially retrogressed the dates
way back to 1999 - 2001.
This prevented any approvals and new applications even though plenty of visa numbers were available(~ 200,000 cumulative).
For congress/senate it is easy to make their case for recapture citing incompetencies of these institutions rather than making case for "INCREASE" in numbers.
Many ways to achieve this objective- Ask for increase and settle for recapture.
Anyway - My point is Recapture will solve most of our problems and we should channel most of our resources to achieve this objective.
Great initiative setting up your state chapter! Thanks, and good luck!
Now, recapturing wasted visa numbers is (IMO) obviously on the agenda. However, as you know almost everything has to happen via a change in the legislation. This is doable, but will require months, if not years, of careful planning and execution. That is why the need to strengthen the organization at the grass roots level.
Appreciate your post, thanks!
more...
akred
03-14 12:03 AM
Suppose I initially worked as an Engineer, and got labor and I-140 approved. Now, say I totally change my field to become a Business Development Manager, can I still port the older PD from the previous I-140 (assuming that a new labor and 140 will need to be filed for the new job) or does the job have to be same or similar for me to port the older PD?
Any inputs? Thanks!
Of course. In fact this type of career change is required if you want to port a PD (EB3->EB2) while using experience gained with the same employer to qualify for the job.
Any inputs? Thanks!
Of course. In fact this type of career change is required if you want to port a PD (EB3->EB2) while using experience gained with the same employer to qualify for the job.
AK_GC
06-27 12:37 AM
Got my approval but my spouse hasn't yet received one.
We e-filed it together through the same account. My LIN was constantly getting updated with the status but not my husband. I also received the notification when my application was approved. I got my approval in the mail today too (about 1 month turnaround time) .But we haven't received any notification on my husband's case. And the online status hasn't changed either. Did anybody else face this? Not sure how to follow-up. Any pointers?
We e-filed it together through the same account. My LIN was constantly getting updated with the status but not my husband. I also received the notification when my application was approved. I got my approval in the mail today too (about 1 month turnaround time) .But we haven't received any notification on my husband's case. And the online status hasn't changed either. Did anybody else face this? Not sure how to follow-up. Any pointers?
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TheOmbudsman
11-08 10:51 AM
You can certainly twist that interpretation. That is unrelated though.
Remember that pro amnesty folks and Democrats are in sync with Karl Rove on immigration. Immigration was more like a neutral ground on this given the magnituted of other issues.
Nov 08, 2006, The Nation
"Payback's a bitch.
There is no way to spin the election results. They were a repudiation of George W. Bush, his party, his agenda, and his war. The commander in chief argues that he is fighting a war in Iraq that is essential to the survival of the United States. The electorate sent a message: we don't buy it. "
It is obvious that the war and the recent scandals are the solely reason on why Republicans lost seats in the House. See polls conducted all over the place showing that. I just read an exit poll at CNN in which the war and scandals were the solely driving force on this.
Put yourselves on the American's shoes; how would you vote if you have your own son dying in Iraq. With all the due respect, Pres. Bush persistence on "staying the course" is frightening. What would you do in this situation ? That's the most serious thing one can imagine. Then you see "conservatives" involved in cases of corruption and gay sex, you ask yourself, what the heck. The GOP really messed up big time. Americans are not stupid. They voted the GOP out as a way to show that those not doing a good job would be kicked out.
To the advantage of those wanting amnesty, that may go in their favor. Just remember that you may get your GC, but then that may also mean that America as we know it may be coming to an end. Wait until those 20+ million petition for their relatives and install here their way of life.
Regards,
The Ombudsman
When President Bush delivered his CIR speech, Lou Dobbs criticized CIR as amnesty and he went on suggesting "No bill is better than a bad bill" to Congressman Sensenbrenner et. al.
Sensenbrenner took this advice verbatim and finally rejected CIR instead of conferencing on modifying it.
I think Congress got the blame later and was termed "Do-Nothing Congress" mainly for this.
It is a bitter lesson for politicians not listening to Senate or President but to Lou.
IMHO, if Congressman Sensenbrenner took CIR to conference (instead of a month-long public hearings) to remove controversial provisions and pass legitimate provisions like the border fence measures, public would have retained the current congress.
Remember that pro amnesty folks and Democrats are in sync with Karl Rove on immigration. Immigration was more like a neutral ground on this given the magnituted of other issues.
Nov 08, 2006, The Nation
"Payback's a bitch.
There is no way to spin the election results. They were a repudiation of George W. Bush, his party, his agenda, and his war. The commander in chief argues that he is fighting a war in Iraq that is essential to the survival of the United States. The electorate sent a message: we don't buy it. "
It is obvious that the war and the recent scandals are the solely reason on why Republicans lost seats in the House. See polls conducted all over the place showing that. I just read an exit poll at CNN in which the war and scandals were the solely driving force on this.
Put yourselves on the American's shoes; how would you vote if you have your own son dying in Iraq. With all the due respect, Pres. Bush persistence on "staying the course" is frightening. What would you do in this situation ? That's the most serious thing one can imagine. Then you see "conservatives" involved in cases of corruption and gay sex, you ask yourself, what the heck. The GOP really messed up big time. Americans are not stupid. They voted the GOP out as a way to show that those not doing a good job would be kicked out.
To the advantage of those wanting amnesty, that may go in their favor. Just remember that you may get your GC, but then that may also mean that America as we know it may be coming to an end. Wait until those 20+ million petition for their relatives and install here their way of life.
Regards,
The Ombudsman
When President Bush delivered his CIR speech, Lou Dobbs criticized CIR as amnesty and he went on suggesting "No bill is better than a bad bill" to Congressman Sensenbrenner et. al.
Sensenbrenner took this advice verbatim and finally rejected CIR instead of conferencing on modifying it.
I think Congress got the blame later and was termed "Do-Nothing Congress" mainly for this.
It is a bitter lesson for politicians not listening to Senate or President but to Lou.
IMHO, if Congressman Sensenbrenner took CIR to conference (instead of a month-long public hearings) to remove controversial provisions and pass legitimate provisions like the border fence measures, public would have retained the current congress.
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vjkypally
11-15 08:13 PM
I wasn't trying to undermine the role iv had in the flower campaign. All I was trying to suggest is that initially some opposition did exist and once it gathered momentum on its own iv supported it whole heartedly which led to it's success. I was only comparing it to the "we fast while you feast" idea. I m the one who proposed it and will gladly shove it in the dustbin if there is some solution to our common suffering.Lets not undermine IV's efforts in promoting the flower campaign. IV may not have started it, but the publicity on IV went a long way in making the campaign a big success.
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hsd31
05-18 09:34 AM
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BumbleBee
07-18 12:44 PM
Its not over till its over :), and its not over yet by any means. I am willing to wait and fight ;) . Everyone has priorities in life, each person would view GC situation differently. For me, its not the ultimate dream, but just a vehicle to continue my journey for some more time (with peace of mind). I am definitely looking to gray my hair in my home country or atleast be there once I am grayed haired :D
Doing an MBA/PMI and looking for managerial job is the only realistic possibility for most, I don't think most people would wanna still be programming when they turn 40/45 (depending on how old/young you feel).
My gut feel is that there will be some kind of relief by end of 2007 or early 2008
BumbleBee
Doing an MBA/PMI and looking for managerial job is the only realistic possibility for most, I don't think most people would wanna still be programming when they turn 40/45 (depending on how old/young you feel).
My gut feel is that there will be some kind of relief by end of 2007 or early 2008
BumbleBee
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Green_Always
09-18 10:06 AM
Only god knows what processes, rules and regulations they follow. I am glad that i am maintaining H1B status with my I-485 and never used EAD.
Its just so disturbing that you are at the mercy of USCIS who didn't know anything about how to look and process the application.
when you use AC21 it means you used EAD right ?
How can you use AC21 and still be on H1 ? could you give us more info on this pls.
Its just so disturbing that you are at the mercy of USCIS who didn't know anything about how to look and process the application.
when you use AC21 it means you used EAD right ?
How can you use AC21 and still be on H1 ? could you give us more info on this pls.
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aruny5
05-24 01:21 PM
DescriptionUnit priceQtyAmount
Donation to Support Immigration Voice (User: aruny5)
$100.00 USD1$100.00 USD
Insurance:$0.00 USD
Total: $100.00 USD
Receipt No: 5471-3470-1608-2798
Donation to Support Immigration Voice (User: aruny5)
$100.00 USD1$100.00 USD
Insurance:$0.00 USD
Total: $100.00 USD
Receipt No: 5471-3470-1608-2798
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leoindiano
04-17 10:16 AM
Not having greencard is like a handicap in this country.
Dont miss a chance to denounce this guy. Embarass them, show them you are "BITTER".
Dont miss a chance to denounce this guy. Embarass them, show them you are "BITTER".
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starscream
06-19 04:08 PM
Does this Bill and all associated Amendents get the new introduction date or it will basically take over from the Last Bill and Amedments. I am asking this question because last bill saying 140 after May 15 will be invalidated. Is thi still valid for this Bill? or they are gonna use tomorrow's date.
Read member buehler's post above
Read member buehler's post above
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Macaca
09-21 03:50 PM
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willgetgc2005
03-17 05:15 PM
eb3napa,
thanks for the clarification. I have a BE and an MBA form India with over 6 yrs experience in the USA and elsewhere. Not sure if i qualify as advanced degree.
So peopel with advanced degree can move out of EB3 or any EB quota is it ? Their PD will be current ?
Not necessarily getGC. I am EB3 but i am a Masters from the US. Sometimes for fresh hires lawyers play it safe by applying in EB3. I had emailed someone at competeamerica.com and they had mentioned that an "advanced degree" is either a masters or a PhD. You mentioned that you had an engineering degree from India. Is that a B.E. or an M.Tech/M.E.? If you have a master's degree from India, you need to ask ur lawyer if that qualifies as an advanced degree.
But even otherwise, it still benefits you, coz say even 20-25% of Current EB3 have master's degrees, they will be out of the queue and you will be benefitted. I know it doesnt sound like a benefit, coz it is not a direct one, but if you look at it from a different angle, you will see it.
thanks for the clarification. I have a BE and an MBA form India with over 6 yrs experience in the USA and elsewhere. Not sure if i qualify as advanced degree.
So peopel with advanced degree can move out of EB3 or any EB quota is it ? Their PD will be current ?
Not necessarily getGC. I am EB3 but i am a Masters from the US. Sometimes for fresh hires lawyers play it safe by applying in EB3. I had emailed someone at competeamerica.com and they had mentioned that an "advanced degree" is either a masters or a PhD. You mentioned that you had an engineering degree from India. Is that a B.E. or an M.Tech/M.E.? If you have a master's degree from India, you need to ask ur lawyer if that qualifies as an advanced degree.
But even otherwise, it still benefits you, coz say even 20-25% of Current EB3 have master's degrees, they will be out of the queue and you will be benefitted. I know it doesnt sound like a benefit, coz it is not a direct one, but if you look at it from a different angle, you will see it.
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howzatt
12-10 04:32 PM
WOW. What a stupid thread? The OPs anger and frustration might be justified. However, his tone and language used is a bad choice. This is obviously not the first time.
I have said this before; Calling people names or using stupid analogies is not the way to encourage people to volunteer or contribute.
Your method of constantly bashing people and calling people names is unfortunately reflective of the organisation and core team as a whole. Do you even think before you hit the "submit" button? Imagine if a CEO starts making stupid remarks about his employees. Would it have a positive effect or negative effect? How many of the senior members really approve this approach? This approach will only alienate people further.
Amma came out and apologised for her mistake. Will logiclife do the same? I guess he does not have to. I am not sure if he has issued any apologies in the past. If he hasn't, this might be a good time to do it.
OLDMONK makes good points. I expect other senior members to respond by asking me what or how I contributed so far. Just to avoid more posts, I started off contributing but could not motivate myself after having seen numerous stupid posts from different people. Ofcourse, some people will use this behaviour as an excuse to not do anything.
Logiclife's post does nothing good. It only increases the separation between the so called volunteers and bench warmers. People deserve to be treated with respect and that is something he needs to realize.
I have said this before; Calling people names or using stupid analogies is not the way to encourage people to volunteer or contribute.
Your method of constantly bashing people and calling people names is unfortunately reflective of the organisation and core team as a whole. Do you even think before you hit the "submit" button? Imagine if a CEO starts making stupid remarks about his employees. Would it have a positive effect or negative effect? How many of the senior members really approve this approach? This approach will only alienate people further.
Amma came out and apologised for her mistake. Will logiclife do the same? I guess he does not have to. I am not sure if he has issued any apologies in the past. If he hasn't, this might be a good time to do it.
OLDMONK makes good points. I expect other senior members to respond by asking me what or how I contributed so far. Just to avoid more posts, I started off contributing but could not motivate myself after having seen numerous stupid posts from different people. Ofcourse, some people will use this behaviour as an excuse to not do anything.
Logiclife's post does nothing good. It only increases the separation between the so called volunteers and bench warmers. People deserve to be treated with respect and that is something he needs to realize.
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angelfire76
05-30 12:48 PM
There is something with the french language it self. All the people who speak french as their native language, tend to be a$$holes, of varying degrees. This true of the french people and the francophone Quebec people inCanada and the French speaking Swiss. I say, stop flying AF, screw them. It is they who need us, not the other way round
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http://www.youtube.com/watch?v=0_uzwMi5NN0 :D
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go_guy123
02-10 06:02 PM
And there is an important lesson to be learned from the health industry lobby. They just did not say they want CIR or skil and then went back when both cir and skil failed. They started chipping away at individual items like 50000 visas for Schedule A last year and 90000 this year from unused\recaptured visas. We should also be asking for our individual line item, 485 measure. This is how a war is won, one battle at a time. It is unrealistic to have an "all or nothing" attitude that people opposing 485 measure have. If the health industry lobby had such "all or nothing" attitude they would not have got the 50000 visas last year nor would they have been trying to get the 90000 this year. Hope we learn from them.
H1B was misused and abused so much by the industry that the local
population has become hostile to the whole concept of foreign engineers/IT workers. Companies like Infosys, TCS hire 100% IT staff from India etc.
(saying that no US citizen/GC available...thats like lying in broad daylight)
Nurses came on Green cards and were free to change jobs etc. so
they affected the local job market to a far lesser degree so the opposition
is less.
H1B was misused and abused so much by the industry that the local
population has become hostile to the whole concept of foreign engineers/IT workers. Companies like Infosys, TCS hire 100% IT staff from India etc.
(saying that no US citizen/GC available...thats like lying in broad daylight)
Nurses came on Green cards and were free to change jobs etc. so
they affected the local job market to a far lesser degree so the opposition
is less.
avi101
04-05 11:32 PM
With due sympathy for affected folks, you really can't blame US govt for this. The law had H1B with dual intent and work constraints based on LCA and H4 as a dependent visa and not eligible to work.
Why? I don't know. Is it fair? Maybe not if you consider that L1 dependents can work but US govt did not have such provision for H1B dependents.
But that has been the law even before you got married and came here. If you did not know that you can't work on H4 then it's your own ignorance. Blame your spouse for not mentioning it to you or blame yourself for not asking that question or blame ignorance that you were not aware that would happen. There have been spouses who came here on H4, transferred into H1 because their skills were marketable (Marketable in the sense that companies (not body shops) were willing to get into the hassle of an H1B) or chose to pursue further studies, arming themselves with an US degree and made themselves marketable. Some took up unpaid internships for a while, thereby gaining experience, and when the opportunity presented itself were able to get an H1. some others took up volunteering jobs nearby.
Frankly, US govt is not responsible if you did not do your due diligence before getting married.
Now, that said, I think it would be great if H4s are allowed to work considering that so many are well educated and possibly skilled and trained. Take up the cause and enlist more people and try. Nothings impossible. Good luck.
Why? I don't know. Is it fair? Maybe not if you consider that L1 dependents can work but US govt did not have such provision for H1B dependents.
But that has been the law even before you got married and came here. If you did not know that you can't work on H4 then it's your own ignorance. Blame your spouse for not mentioning it to you or blame yourself for not asking that question or blame ignorance that you were not aware that would happen. There have been spouses who came here on H4, transferred into H1 because their skills were marketable (Marketable in the sense that companies (not body shops) were willing to get into the hassle of an H1B) or chose to pursue further studies, arming themselves with an US degree and made themselves marketable. Some took up unpaid internships for a while, thereby gaining experience, and when the opportunity presented itself were able to get an H1. some others took up volunteering jobs nearby.
Frankly, US govt is not responsible if you did not do your due diligence before getting married.
Now, that said, I think it would be great if H4s are allowed to work considering that so many are well educated and possibly skilled and trained. Take up the cause and enlist more people and try. Nothings impossible. Good luck.
485Mbe4001
06-25 02:32 PM
please create a new thread for this.
You will get more visibility and the purpose of the current thread will not get highjacked.
thanks.
Put something for Nancy Pelosi to answer:
Please rate it, it will take you 5 mins to make up a login and password. If you rate it high enough they might actually ask Nancy Pelosi to address this issue.
PLEASE HELP
http://www.ireport.com/docs/DOC-39430
You will get more visibility and the purpose of the current thread will not get highjacked.
thanks.
Put something for Nancy Pelosi to answer:
Please rate it, it will take you 5 mins to make up a login and password. If you rate it high enough they might actually ask Nancy Pelosi to address this issue.
PLEASE HELP
http://www.ireport.com/docs/DOC-39430
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