chanduv23
06-12 09:32 AM
I went through it. I was fired but made to resign, and this happened in my 6th year H1b. I was given a 2 month severence check but lawyer told me it is not safe to assume that the severence period makes my stay legal. 30 to 60 days is safe period for h1b transfer.
Desi companies come of help in such cases. I found a project within 20 days and got my h1b transferred to a desi company and reapplied for Gc in PERM and also got extensions. Now I am back in track, also got 3 year h1b extension based on approved 140.
This is one big thing people never realise. The more the retrogression, the more are chances for people into falling into these situations.
Layoffs and firings are common and everyone goes through it no matter what great employee u r, u r only an employee and not the boss.
As per my definition layoff, firing, no pay hikes, working long hours, no promotions, non equal treatment among co workers, giving u crappy work, making ur work miserable etc..... everything is the same.
Desi companies come of help in such cases. I found a project within 20 days and got my h1b transferred to a desi company and reapplied for Gc in PERM and also got extensions. Now I am back in track, also got 3 year h1b extension based on approved 140.
This is one big thing people never realise. The more the retrogression, the more are chances for people into falling into these situations.
Layoffs and firings are common and everyone goes through it no matter what great employee u r, u r only an employee and not the boss.
As per my definition layoff, firing, no pay hikes, working long hours, no promotions, non equal treatment among co workers, giving u crappy work, making ur work miserable etc..... everything is the same.
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senthil
02-15 09:50 AM
why not - no one does things for free. if you talk to attorney, you know how much $$ you have to pay. most time ive seen members on form answer clean and quick based on their experiance, which is in-valuable.
$1 is just pennnies. not bad to start with at all
$1 is just pennnies. not bad to start with at all
kris04
07-06 07:44 PM
Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., http://www.shusterman.com/pdf/ac21-51205.pdf. Here are my attorney's comments in this regard:
"AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."
I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
"AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."
I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
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a.j.2048
09-05 12:34 AM
Are people being bumped off now either for protection or revenge? Doesn't make sense that so many would die out of grief.
Why isn't AP under curfew when so many are dying?
Why isn't AP under curfew when so many are dying?
more...
whoever
01-31 02:46 PM
how can one get copy of i140? does it not belong to the company?
viper673
06-07 11:03 AM
I got an RFE letter yesterday asking me to provide 1040 and W-2's from 1999.
I will be digging in my papers and boxes to see if I still have copies of my 1999 and 2000 returns.
The IRS does not keep records of 1040's for more than 7 years and when I called them they said they don't think they'll have a record of 1999.
I'm hoping that I will find my 1999 return, but what if I don't? Has anybody here been asked to provide returns going that far? especially for an Employment-based application?
The funny thing is that in 1999 and 2000 I was on an F1 visa as a student and I did have a graduate assistantship. I started employment in 2001.
I feel like the officer is trying to make it extremely hard for me to get my status adjusted....
PS: I received this RFE after the fact that I went for an interview at the local office and was told that "all my paper work is good and I should receive my card in the mail once the security check was cleared"; which I verified it was cleared a few days after the interview..
I will be digging in my papers and boxes to see if I still have copies of my 1999 and 2000 returns.
The IRS does not keep records of 1040's for more than 7 years and when I called them they said they don't think they'll have a record of 1999.
I'm hoping that I will find my 1999 return, but what if I don't? Has anybody here been asked to provide returns going that far? especially for an Employment-based application?
The funny thing is that in 1999 and 2000 I was on an F1 visa as a student and I did have a graduate assistantship. I started employment in 2001.
I feel like the officer is trying to make it extremely hard for me to get my status adjusted....
PS: I received this RFE after the fact that I went for an interview at the local office and was told that "all my paper work is good and I should receive my card in the mail once the security check was cleared"; which I verified it was cleared a few days after the interview..
more...
cox
June 6th, 2005, 09:58 PM
I found a photo from cox on this forum that has a similar light condition.
<Blush> Thanks, Kevin. Skagitswimmer, I often can't use Kevin's technique of getting close, since I am shooting animals most of the time, and they run/fly/swim away. I do something similar though.
If you use the center spot metering mode (the single dot on Canon products), and then pick a subject that is close to you and has a similar albedo (reflectivity/color) as your intended target, you can get a sanity check on exposure. Then take the meter of the real subject, making sure you're not too far off. Then shoot. Then bracket it, a stop up, shoot, and a stop down, shoot. If you're shooting RAW, this will give you enough coverage, and you WILL get the shot since you can adjust exposure again in PS or DPP or whatever you use.
You can get about six stops of range in three frames for a few clicks of a wheel, and that ain't bad. If you're using aperture priority (as I usually am to control DoF) or shutter priority, it's a quick couple of clicks to make the adjustments, and worth the effort. If you're shooting manual, it's a little more effort to decide what to change, but still do-able with stationary subjects. Let us know if these suggestions work for you, or if you come up with a different technique that works better for you. :)
Good Luck!
<Blush> Thanks, Kevin. Skagitswimmer, I often can't use Kevin's technique of getting close, since I am shooting animals most of the time, and they run/fly/swim away. I do something similar though.
If you use the center spot metering mode (the single dot on Canon products), and then pick a subject that is close to you and has a similar albedo (reflectivity/color) as your intended target, you can get a sanity check on exposure. Then take the meter of the real subject, making sure you're not too far off. Then shoot. Then bracket it, a stop up, shoot, and a stop down, shoot. If you're shooting RAW, this will give you enough coverage, and you WILL get the shot since you can adjust exposure again in PS or DPP or whatever you use.
You can get about six stops of range in three frames for a few clicks of a wheel, and that ain't bad. If you're using aperture priority (as I usually am to control DoF) or shutter priority, it's a quick couple of clicks to make the adjustments, and worth the effort. If you're shooting manual, it's a little more effort to decide what to change, but still do-able with stationary subjects. Let us know if these suggestions work for you, or if you come up with a different technique that works better for you. :)
Good Luck!
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MahaBharatGC
10-16 03:03 PM
1. It goes to the mail room and stamped on the date it was received.
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
***********
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
***********
What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
***********
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
***********
What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?
more...
GCD
07-28 11:15 AM
Gurus. Please reply. Thanks a lot.
Gurus. Please reply. Thanks a lot.
Gurus. Please reply. Thanks a lot.
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GCD
07-27 10:07 PM
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
Gurus. Please reply. Thanks a lot.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
Gurus. Please reply. Thanks a lot.
more...
Lasantha
04-15 09:00 PM
Congratulations !!! I am very happy for you!
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
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admin
03-15 01:22 PM
this person is bringing some valid points to ponder. People please go through her posting and i agree with her regarding the numbers is still 10% only for india. we need to fight for removing the per country limit, or else, we may probably be in this retrogression mess for quite sometime.
eb3retro,
Your concerns are well placed. Please be rest assured that we're working on reinstating the AC21 clause on per country limits.
Due to the sensitive nature of lobbying, we're sorry that we will not be able to divulge any more detailed information.
eb3retro,
Your concerns are well placed. Please be rest assured that we're working on reinstating the AC21 clause on per country limits.
Due to the sensitive nature of lobbying, we're sorry that we will not be able to divulge any more detailed information.
more...
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needhelp!
09-16 01:17 PM
Check this task off your TO DO list..
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sorcerer666
03-31 04:17 PM
Have you ever participated any of the IV's campaign on various issues. Have you ever volunteered your time or donated money.
If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.
If you cannot get the original contract nothing can be done...
So by your logic, if he had contributed to IV his visa would've been issued no questions asked?? And he won't deserve help coz he didnt contribute?? Man I feel sorry for your selfish attitude!!
If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.
If you cannot get the original contract nothing can be done...
So by your logic, if he had contributed to IV his visa would've been issued no questions asked?? And he won't deserve help coz he didnt contribute?? Man I feel sorry for your selfish attitude!!
more...
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mjULTRA
05-27 06:42 PM
i voted for golgi, cuz it had a theme, but festers site deserves an honorable mention.
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admin
06-01 04:19 PM
Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
This poll was started by one our forum members and not by the organizing committee.
Repeating my answer, no Senator is even willing to talk to us regarding an alternate bill till the fate of CIR is sealed.
Look at the necessary steps to pass a bill. We need to convince a senator, have the bill analyzed and discussed in the Senate Judiciary Committe, discussed and amended in the Senate Floor, passed in the Senate, convince a bunch of House Reps, get it introduced in the House, discussed in the House Judiciary Committee, discussed in the House, passed in the house. Only after all these steps will it be at the current stage as CIR.
So which Senator do you think will be willing to do all of this and then find that CIR with most of the provisions has already been passed.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
This poll was started by one our forum members and not by the organizing committee.
Repeating my answer, no Senator is even willing to talk to us regarding an alternate bill till the fate of CIR is sealed.
Look at the necessary steps to pass a bill. We need to convince a senator, have the bill analyzed and discussed in the Senate Judiciary Committe, discussed and amended in the Senate Floor, passed in the Senate, convince a bunch of House Reps, get it introduced in the House, discussed in the House Judiciary Committee, discussed in the House, passed in the house. Only after all these steps will it be at the current stage as CIR.
So which Senator do you think will be willing to do all of this and then find that CIR with most of the provisions has already been passed.
more...
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raju123
05-15 10:39 AM
Unless water tank and pipeline become totally empty, there are chances of PD retrogress again anytime. When?? it depends on blessing of DOS official setting PDs. Cross the fingers and hope that it move further so that maximum people file I 485.
It is going to go back that is 100% gaurenteed, when that is the question. I have a pd of august 2005 eb2 will I make it before it retrogresses :confused:
It is going to go back that is 100% gaurenteed, when that is the question. I have a pd of august 2005 eb2 will I make it before it retrogresses :confused:
girlfriend Peugeot has been announced the
ARUNRAMANATHAN
06-11 01:54 PM
I am in my 8 yr. Have a H1-B approved Untill 2008 Dec
Have a EB3 Approved Labor and 140 from Company A.
Now as of today if I move to Company B ...
Question :
Can I get a 3 yr Extension based on Company A (140 Approved )
that is from june 2007 to june 2010
OR
Do I get my H1-B untill 2008 Dec ?
----
When I move to Company B is there anything that I have be aware off as
I am planning to pally Eb2 and move the PD from company A
My PD : EB3 Jun 2004
Thanks Thanks Thanks Thanks
Have a EB3 Approved Labor and 140 from Company A.
Now as of today if I move to Company B ...
Question :
Can I get a 3 yr Extension based on Company A (140 Approved )
that is from june 2007 to june 2010
OR
Do I get my H1-B untill 2008 Dec ?
----
When I move to Company B is there anything that I have be aware off as
I am planning to pally Eb2 and move the PD from company A
My PD : EB3 Jun 2004
Thanks Thanks Thanks Thanks
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gcdreamer05
11-10 02:52 PM
--- bump ---
so many views but no replies yet :(
so many views but no replies yet :(
pani_6
08-23 10:49 AM
People who have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..
Is there any use in comming here as a student?? anymore..
Is there any use in comming here as a student?? anymore..
ssreenu
04-13 09:46 AM
Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?
2 things:
1. Yes, you can be an expat, meaning you can still work elsewhere (any branch) in the world while your payroll is still run in US(using H1B for the same company in US) and taxes are paid in US.
2. Having a H1B does not restrict you to work only in US. You can work elsewhere in the world while your H1B is still valid unless the company revokes it for some reason.
Hope this helps.
*Note I am not an expert, I am just sharing the knowledge I have. :D
2 things:
1. Yes, you can be an expat, meaning you can still work elsewhere (any branch) in the world while your payroll is still run in US(using H1B for the same company in US) and taxes are paid in US.
2. Having a H1B does not restrict you to work only in US. You can work elsewhere in the world while your H1B is still valid unless the company revokes it for some reason.
Hope this helps.
*Note I am not an expert, I am just sharing the knowledge I have. :D
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