srikondoji
12-17 05:07 PM
i was in coma. :D or may be i was off by one month :eek: or may be some bug entered my head and rewired my brain :cool:
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rockstart
03-23 01:05 PM
If you check the video clip of the news the reader mentions it almost at last.
RIP .....
The report does not say that they were not wearing seat belts.
RIP .....
The report does not say that they were not wearing seat belts.
GCOP
07-21 04:01 PM
Really sorry to know your situation. I really hope that attorney on this forum can come up with some idea. In the meantime, check with your attorney. Best of Luck.
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coopheal
12-22 01:25 AM
Thanks for your reply. The lawyer did suggest that we could go for EB2 but I did n't know if it would be good idea. The reason I ask is when I look at the visa bulleting EB2 priority dates have retrogressed rather badly when compared to EB3 priority dates. I have been hearing rumors that EB3 might move faster than EB2. I am confused by why the priority dates for EB2 is worse than EB3. Could someone explain?
If you can apply in EB2 then go ahead and do it. Current EB2 retrogression more than EB3 is anomaly than rule.
If you can apply in EB2 then go ahead and do it. Current EB2 retrogression more than EB3 is anomaly than rule.
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geesee
07-23 04:10 PM
It mentions that in any of the incorrect filing, cases will be rejected...
does that mean I-485 is rejected for good or one cannot apply it again until PD becomes current in future?
does that mean I-485 is rejected for good or one cannot apply it again until PD becomes current in future?
FUNTIMES
04-15 02:22 PM
Thanks all for the timely response. I had e-filed with taxact and will need to mail 8453-OL once the return is accepted.
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spicy_guy
10-21 06:42 PM
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
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div_bell_2003
10-16 02:16 PM
As far as my understanding goes , AC-21 is nothing but a rule/memo that allows you to change your GC sponsoring employer. You can decide not to send the AC-21 papers , which pretty much means that your previous company is still your GC sponsoring employer and you are required to work for them once the GC ( also please understand that GC is for a future position ) is approved and stay with them at least 6(or more) months otherwise later down the road ( when you might want to become citizen of this wonderful country) , it might cause some problems to the extent of USCIS determining that as some sort of immigration fraud.
My lawyer , who is with a pretty big law firm in the SF Bay area, had informed me that it is always a good idea to port the GC sponsoring employer when you change jobs, if you have no intention of going back to your previous employer and work after the GC is approved.
I've changed jobs and and my lawyer has sent the AC-21 papers recently (I don't exactly know what he has sent, but he did ask for my 485 receipt and if my I-140 has been approved )
I'd suggest not getting side tracked by the USCIS errors and do things the right way. Good luck.
My lawyer , who is with a pretty big law firm in the SF Bay area, had informed me that it is always a good idea to port the GC sponsoring employer when you change jobs, if you have no intention of going back to your previous employer and work after the GC is approved.
I've changed jobs and and my lawyer has sent the AC-21 papers recently (I don't exactly know what he has sent, but he did ask for my 485 receipt and if my I-140 has been approved )
I'd suggest not getting side tracked by the USCIS errors and do things the right way. Good luck.
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eb3retro
12-17 01:36 PM
my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
for gods sake, pls put proper heading for new threads.
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
for gods sake, pls put proper heading for new threads.
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snathan
12-02 07:03 PM
See reply in red
The bill also says...
1. The illegal's application needs to be processed expeditiously.
2. The USCIS can not increase the fee for that
Means...the 2 million illegals will be put ahead of the legals who are rotting in line for years. To process these docs, USCIS needs more resource and needs to hire more people but they can not increase the fee. So USCIS will come after the legals and increase their fee. These democrats wants to rob legals and reward illegas.
and you are hoping once this bill passed they will consider us...YOU MADE MY DAY.
so WTFs
The bill also says...
1. The illegal's application needs to be processed expeditiously.
2. The USCIS can not increase the fee for that
Means...the 2 million illegals will be put ahead of the legals who are rotting in line for years. To process these docs, USCIS needs more resource and needs to hire more people but they can not increase the fee. So USCIS will come after the legals and increase their fee. These democrats wants to rob legals and reward illegas.
and you are hoping once this bill passed they will consider us...YOU MADE MY DAY.
so WTFs
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chint001
11-25 11:54 PM
Hi,
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
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dilbert_cal
04-26 12:21 AM
WillGetGC2005
Alright my last understanding was wrong.
So to recap what I understand :-
You have a PD of 2002 in EB3. Have approved I-140 and pending 485.
What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.
Since you have a 485 filed, why would you want another 485 ?
Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
If you convert your case to EB2 which is current, you may have your actual GC much sooner.
Now to your question - what happens if the old employer revokes I-140.
I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.
If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)
Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )
Alright my last understanding was wrong.
So to recap what I understand :-
You have a PD of 2002 in EB3. Have approved I-140 and pending 485.
What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.
Since you have a 485 filed, why would you want another 485 ?
Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
If you convert your case to EB2 which is current, you may have your actual GC much sooner.
Now to your question - what happens if the old employer revokes I-140.
I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.
If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)
Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )
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ArkBird
03-15 11:17 AM
Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
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sanbaj
07-25 04:22 PM
GC_Wait2002,
I see your situation. I have recently got my I140 Interfiling approved. My case was simple EB2 to EB2 with the same company. As your EB2 I140 is approved now, but EB3 I140 is still pending. therefore, I am not sure you can Interfile. Logically, you should be able to as in Interfiling one is just requesting to conider another approved I140 and that is exactly what you will do. Check with your lawyer or the lawyer thread on IV. I wrote the text of the document which my lawyer filed at: http://immigrationvoice.org/forum/showthread.php?p=233421#poststop. You or your lawyer can use that to draft your letter.
Please consult a Interfile cases experienced Lawyer to make sure that the right thing is done at the right time.
Best of Luck.
I see your situation. I have recently got my I140 Interfiling approved. My case was simple EB2 to EB2 with the same company. As your EB2 I140 is approved now, but EB3 I140 is still pending. therefore, I am not sure you can Interfile. Logically, you should be able to as in Interfiling one is just requesting to conider another approved I140 and that is exactly what you will do. Check with your lawyer or the lawyer thread on IV. I wrote the text of the document which my lawyer filed at: http://immigrationvoice.org/forum/showthread.php?p=233421#poststop. You or your lawyer can use that to draft your letter.
Please consult a Interfile cases experienced Lawyer to make sure that the right thing is done at the right time.
Best of Luck.
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mmk123
07-29 12:18 PM
Humor is the best way we can take a break from this entire immigration stuff, rules, recession.
********************
A conversation between some journalists and Prof. Corn Meat-Loaf was leaked to media.
Journalist A: Welcome, Prof. Meat-Loaf. I have heard a lot about you. Why are you working so aggressively against G-1b visas? You teach Computers, right? You also seem to have more publications on this topic than in CS.
Prof. Corn Meat-Loaf: Let me tell the truth. Yes, these *outsider* kids are very smart, they do all cutting-edge research, that I cannot keep-up the pace with. They have hijacked all the research which I could have done. If we don't allow them to do research, then I will get a chance to do it in few years. Writing Unix/Linux tutorials is not going to help much. I need my job security. Hence I had to work for this job. It's secure and easy for me to keep doing it.
Journalist B: Ok, we understand. This is similar to blaming others for your own problems. It is convenient and easy. But, why do you think that entire G-1b visa program is bad? If there are any bad apples, we identify and throw the bad apples and not the entire basket, right?
Prof. Corn Meat-Loaf: I actually favor family immigration (look at my biography). I cannot oppose family program and I need something to oppose to keep my payroll running. G-1b is a favorite program to target as politically those guys cannot speak or do anything in return and that makes my point looks more sound and firm. My friend, Mr. Tom Jerry from GutterShield also favors the same program (look at his biography too) and shields my comments. Also, bringing in more unskilled labor helps me having same level of conversation with them instead of feeling left out.
Journalist A: Gotcha! Why do prefer O11 visa over G-1b visa?
Prof: Yes, O11 visa helps us bring best and brightest like models etc. They help this economy by luring us to consume expensive designs and to talk about them during lunch hour. As letter *O* looks like zero - I would like to return it back to ones who gave it to us.
Journalist B: Have you ever thought of grooming more students from here under your able guidance. That's the real solution to this. May be we all should focus on STEM education for some time than speaking about idols and proms. May be a geek should deserve the same attention in school like a football player.
Corporations in capitalistic society will use the same principle for everything - If you can't produce it (goods or services); buy it!
Prof: Nope, firstly that's time-consuming and will need a lot of effort. I love short-cuts. Secondly, everywhere I see these outsider graduate students - why should I groom them?
(Corn and Jerry suddenly start singing and dancing... their friend Piano and "Due Drops" join in)
Corn and Jerry, yes papa,
G1 visa, no papa,
raising the bar, no papa,
let's fool people, ha ha ha..
Journalists A and B: Gotcha! Thanks for now!
Prof: Nice meeting you, what's your name?
Journalist A: Mr. We-wake from BusinessYear!
Journalist B: Ms. Herbs from BusinessMonth!
********************
********************
A conversation between some journalists and Prof. Corn Meat-Loaf was leaked to media.
Journalist A: Welcome, Prof. Meat-Loaf. I have heard a lot about you. Why are you working so aggressively against G-1b visas? You teach Computers, right? You also seem to have more publications on this topic than in CS.
Prof. Corn Meat-Loaf: Let me tell the truth. Yes, these *outsider* kids are very smart, they do all cutting-edge research, that I cannot keep-up the pace with. They have hijacked all the research which I could have done. If we don't allow them to do research, then I will get a chance to do it in few years. Writing Unix/Linux tutorials is not going to help much. I need my job security. Hence I had to work for this job. It's secure and easy for me to keep doing it.
Journalist B: Ok, we understand. This is similar to blaming others for your own problems. It is convenient and easy. But, why do you think that entire G-1b visa program is bad? If there are any bad apples, we identify and throw the bad apples and not the entire basket, right?
Prof. Corn Meat-Loaf: I actually favor family immigration (look at my biography). I cannot oppose family program and I need something to oppose to keep my payroll running. G-1b is a favorite program to target as politically those guys cannot speak or do anything in return and that makes my point looks more sound and firm. My friend, Mr. Tom Jerry from GutterShield also favors the same program (look at his biography too) and shields my comments. Also, bringing in more unskilled labor helps me having same level of conversation with them instead of feeling left out.
Journalist A: Gotcha! Why do prefer O11 visa over G-1b visa?
Prof: Yes, O11 visa helps us bring best and brightest like models etc. They help this economy by luring us to consume expensive designs and to talk about them during lunch hour. As letter *O* looks like zero - I would like to return it back to ones who gave it to us.
Journalist B: Have you ever thought of grooming more students from here under your able guidance. That's the real solution to this. May be we all should focus on STEM education for some time than speaking about idols and proms. May be a geek should deserve the same attention in school like a football player.
Corporations in capitalistic society will use the same principle for everything - If you can't produce it (goods or services); buy it!
Prof: Nope, firstly that's time-consuming and will need a lot of effort. I love short-cuts. Secondly, everywhere I see these outsider graduate students - why should I groom them?
(Corn and Jerry suddenly start singing and dancing... their friend Piano and "Due Drops" join in)
Corn and Jerry, yes papa,
G1 visa, no papa,
raising the bar, no papa,
let's fool people, ha ha ha..
Journalists A and B: Gotcha! Thanks for now!
Prof: Nice meeting you, what's your name?
Journalist A: Mr. We-wake from BusinessYear!
Journalist B: Ms. Herbs from BusinessMonth!
********************
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gauravsh
05-04 06:27 PM
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.
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gc_chahiye
07-17 01:42 AM
I-140 onwards. If you are filling in a form for visa stamping or are in the US on TN-1 visa or F-1 visa you are ok with filing an LC. Its the I-140 that determines immigration intent and can potentially interfere with your other status (or will require you to disclose your immigration intent on visa applications questions like "has someone ever filed an immigraiton petition on your behalf")
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jthomas
05-06 01:53 AM
If you think to consider option 4th
As per AC-21 you can port to self employment. Creating a website, a business plan, can be done within few days and if you can prove that you were working on self employment then i think you should be okay. Ac-21 does mention they need same or similar job requirement and wages won't be a question.
Let me know if you wish to try out this option. I can give you more suggestion. However i am not sure whether this will work or not.
Maybe you can try telling the truth and see whether you can come out of this.
As per AC-21 you can port to self employment. Creating a website, a business plan, can be done within few days and if you can prove that you were working on self employment then i think you should be okay. Ac-21 does mention they need same or similar job requirement and wages won't be a question.
Let me know if you wish to try out this option. I can give you more suggestion. However i am not sure whether this will work or not.
Maybe you can try telling the truth and see whether you can come out of this.
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glamzon
07-19 03:38 PM
Translate it yourself , but make sure you do line to line Translation and get it notarized ... simple
h88
11-16 04:26 PM
Lol, i didnt c the other part of your attachment Lost, man u rock!
rameshvaid
03-25 08:32 PM
Thanks guys for advise and kind words. Unfortunately, I did not apply for AP assuming I will get it stamped as was the case in 2005 when I had no problems.
Any possibilty of applying for AP now?
Pls. advise.
RV
Any possibilty of applying for AP now?
Pls. advise.
RV
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