camberiu
06-13 12:51 PM
Hello everyone,
I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.
I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.
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gc_in_30_yrs
11-12 11:27 AM
Hi Gurus,
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
it depends on USCIS officer. i had a good lawer when I applied for h1b transfer. i got stuck for one 15 days paycheck. eventually it is cleared after submitting the paper work. having good lawer is not enough. depends on your luck or USCIS officer also :)
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
it depends on USCIS officer. i had a good lawer when I applied for h1b transfer. i got stuck for one 15 days paycheck. eventually it is cleared after submitting the paper work. having good lawer is not enough. depends on your luck or USCIS officer also :)
Berkeleybee
04-03 07:29 PM
All,
We were trying to keep this fact sheet to 2-3 pages, but it would be great to compile a list of immigrant overachievers anyway. :)
We were trying to keep this fact sheet to 2-3 pages, but it would be great to compile a list of immigrant overachievers anyway. :)
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Blog Feeds
05-20 05:40 PM
�You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
more...
chanduv23
06-28 03:45 PM
Merge this into the rumor thread please
amsgc
04-22 09:05 PM
I was just going over PERM data (http://www.flcdatacenter.com/CasePerm.aspx) for FY 2005 and 2006. I found that 19,515 cases were approved for India, for cases filed between March 2005-Dec 31 2005. This includes EB2 and EB3. This is smaller than what I was expecting.
Anybody have any data on LCs approved (India) for cases filed b/w Jan 04-Mar05?
Anybody have any data on LCs approved (India) for cases filed b/w Jan 04-Mar05?
more...
jkays94
06-01 01:08 PM
No problem Sobers, it is interesting to note the links between the Center of Immigration Studies (often cited by many anti-immigrationists) and one of these groups. What is indeed interesting is how some legislators maintain close ties with these organizations, some of whose activities as outlined by the SPLC are indeed shameful.
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dealsnet
06-14 03:53 PM
Living in outside India, we need to learn much caution.
This is a true incident happened in NY.
A boy from south India came to NY by family immigration sponsored by his uncle. He came after his 10th grade exam. Living in uncle's house. After few days in US, he played ball with some kids in the street. Ball strayed into somebody's garden. He went to pick the ball, and then he thought about taking permission from the house owner. He didn't ring the bell, just went inside the house, where he find a girl sitting in a sofa. She is a teenager alone in her home at that time. As soon as she saw this dark colored boy, she screamed and ran outside the house. He saw she is screaming, he also ran outside. All these sound make the neighbors attention and some one call 911 and police arrested this boy for attempted rape. He served 6 months in prison. Rape charge is rejected with a plea bargain for trespassing, all because he is minor 15 years old.
So need to change the behavior with socializing in this country.
Well just to get away a bit from the complications of immigration!
Either the victim (who lost jwelery) has some animosity to you/family/your sister or your sister by her actions has given him/her reason to suspect her for the lost jwelery. Maybe your sister might have been a frequent visitor to that house? Or the jwelery was lost immediately after your sisters visit? First identify what prompted this accusation and then tackle it. Ofcourse consult a good attorney.
Even if the person acuses your sister, she is inocent until proven guilty and unless there is sufficient evidence there is no way your sister will be convicted by any judge/jury.
Lesson to learn; Don't get tooooooooo close to anybody. Helping is good but even with your relatives you have keep a certain distance and respect their privacy and territory. Indians tend to overlook this and often asume that they can enter into other people's lives, think for them and act for them. Its ok in India but once you are here things change quite a bit.......:o:o
This is a true incident happened in NY.
A boy from south India came to NY by family immigration sponsored by his uncle. He came after his 10th grade exam. Living in uncle's house. After few days in US, he played ball with some kids in the street. Ball strayed into somebody's garden. He went to pick the ball, and then he thought about taking permission from the house owner. He didn't ring the bell, just went inside the house, where he find a girl sitting in a sofa. She is a teenager alone in her home at that time. As soon as she saw this dark colored boy, she screamed and ran outside the house. He saw she is screaming, he also ran outside. All these sound make the neighbors attention and some one call 911 and police arrested this boy for attempted rape. He served 6 months in prison. Rape charge is rejected with a plea bargain for trespassing, all because he is minor 15 years old.
So need to change the behavior with socializing in this country.
Well just to get away a bit from the complications of immigration!
Either the victim (who lost jwelery) has some animosity to you/family/your sister or your sister by her actions has given him/her reason to suspect her for the lost jwelery. Maybe your sister might have been a frequent visitor to that house? Or the jwelery was lost immediately after your sisters visit? First identify what prompted this accusation and then tackle it. Ofcourse consult a good attorney.
Even if the person acuses your sister, she is inocent until proven guilty and unless there is sufficient evidence there is no way your sister will be convicted by any judge/jury.
Lesson to learn; Don't get tooooooooo close to anybody. Helping is good but even with your relatives you have keep a certain distance and respect their privacy and territory. Indians tend to overlook this and often asume that they can enter into other people's lives, think for them and act for them. Its ok in India but once you are here things change quite a bit.......:o:o
more...
hnordberg
November 26th, 2005, 05:58 PM
I prefer the dark one. It is more interesting and would work well in a gallery. Well done!
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tonyHK12
12-01 10:01 AM
Definitely a good idea.........the first thing that needs to happen is for us immigrants to contact our own employers (and if it is a big company - they will have some section that deals with govt affairs/lobbying) ask them to support our cause through action.......
I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).
If he chooses to donate would it be the "contribute" link?
Great! thanks for your efforts. Yes it would be good if he creates an account and logs in before donating, that way it would be credited as his contribution.
The link is in my signature but you can also follow the link 'Donate' at the top in green or 'Contributions' on the home page.
Of course other large companies like the ones in Silicon Valley, MS, etc could also directly reach out to our admin/core besides this and also help in lobbying.
I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).
If he chooses to donate would it be the "contribute" link?
Great! thanks for your efforts. Yes it would be good if he creates an account and logs in before donating, that way it would be credited as his contribution.
The link is in my signature but you can also follow the link 'Donate' at the top in green or 'Contributions' on the home page.
Of course other large companies like the ones in Silicon Valley, MS, etc could also directly reach out to our admin/core besides this and also help in lobbying.
more...
pappu
07-29 11:45 AM
My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.
But that petion is based on EB2 :p
I did not understand your answer.
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
But that petion is based on EB2 :p
I did not understand your answer.
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
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ArunAntonio
11-22 11:59 AM
I have just emailed CBS and highlighted the plight of the likes of us. I also made it a point to differnetiate the H1b issue and our issue.
On another note I wanted to mention that .. We have to take active part in this struggle .. it is out struggle and we need to be at the fore front.... all we are asking for is ..........*FREEDOM*
On another note I wanted to mention that .. We have to take active part in this struggle .. it is out struggle and we need to be at the fore front.... all we are asking for is ..........*FREEDOM*
more...
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qualified_trash
08-27 09:48 PM
IV does not represent people like you. Now get the hell out of here.
You may not agree with what everyone says on these forums. It is not your business to ask them to get out.
You may not agree with what everyone says on these forums. It is not your business to ask them to get out.
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kookoo
08-03 05:15 PM
I worked for a firm for last couple of years and then moved to another firm. Now I want to apply for a Perm process and need the Experience letter. My previous employer has issued me the experience letter without my roles and responsibility:
It was an unprotected word file, so I changed it and incorporated the roles and responsibilty and my self submitted it to my employer; Now i am afraid if they are going to verify it.
1. What is the INS verification process?
2. Do employer can verifty it by Fax?
3. What can happen if INS came to know that everything was fine except the roles and responsibilities was included afterwards?
It was an unprotected word file, so I changed it and incorporated the roles and responsibilty and my self submitted it to my employer; Now i am afraid if they are going to verify it.
1. What is the INS verification process?
2. Do employer can verifty it by Fax?
3. What can happen if INS came to know that everything was fine except the roles and responsibilities was included afterwards?
more...
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aj1234567
10-04 06:29 PM
Hi Gurus-
One of my friends had received strange letter from the consulate saying that
We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.
With this letter we are returning your passport. no additional information or documents are required from you.
We will contact you once a final decision has been made on your application
Please advice me why they send this letter and what necessary action we need to take..
Thanks
Aj
One of my friends had received strange letter from the consulate saying that
We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.
With this letter we are returning your passport. no additional information or documents are required from you.
We will contact you once a final decision has been made on your application
Please advice me why they send this letter and what necessary action we need to take..
Thanks
Aj
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chanduv23
06-29 08:08 PM
Follow directions in your interview letter with list of things to take. Have all the originals and photocopies. If your case is straight forward , I dont think you need an attorney or else if you think you need an attorney find a local person in your area who can accompany you.
I had an interview last Feb 2009, my case was pre-adjucated. My PD is 2005.
Did you get the interview letter after preadjudication or was it a part of pre adjudication process?
I had an interview last Feb 2009, my case was pre-adjucated. My PD is 2005.
Did you get the interview letter after preadjudication or was it a part of pre adjudication process?
more...
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voldemar
03-19 09:33 AM
I-140 withdrawal is not mandatory but it's good for both - employer and employee. Check other threads when approved I-140 was revoked on Ability to Pay issue when USCIS added together all pending I-485 for the company. If you use AC21 to change employer and previous employer withdraw approved I-140 you are safe to go.
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prem_goel
03-07 08:06 PM
Hello Ann,
I very much appreciate and thankful for your last reply. Unfortunately, the prospective employer did not agree to file her COS due to some of their own internal regulations.
Now, the current employer through which my sister came here on B1 wants her here but is not willing to file a B1 Extension. Instead, they want her to travel back to India on the day her I-94 expires, and come back again immediately within a week, so that she can again continue to be here for another 90 days.
I wanted to ask your opinion if you think that'll be a problem at Port of Entry? Ofcourse, my sister is going to carry all her documents and the letter, but I do not know if the Immigration Officer at PoE would create any problems/issue? This company however is a well-known company in the ranks of Google, Microsoft etc. That's the only consolation we have that it might be just okay.
Please advise,
Thanks
P
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
I very much appreciate and thankful for your last reply. Unfortunately, the prospective employer did not agree to file her COS due to some of their own internal regulations.
Now, the current employer through which my sister came here on B1 wants her here but is not willing to file a B1 Extension. Instead, they want her to travel back to India on the day her I-94 expires, and come back again immediately within a week, so that she can again continue to be here for another 90 days.
I wanted to ask your opinion if you think that'll be a problem at Port of Entry? Ofcourse, my sister is going to carry all her documents and the letter, but I do not know if the Immigration Officer at PoE would create any problems/issue? This company however is a well-known company in the ranks of Google, Microsoft etc. That's the only consolation we have that it might be just okay.
Please advise,
Thanks
P
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
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ronhira
09-27 12:51 AM
y not ask SEC or NASDAQ to file for your h1..... that should take care of things..... if u r making 10 trades in a day ..... during day time..... then u r actually not working in u'r real job..... y not have h1 for the job that u r really doing...... just trying to help by suggesting a way out.....
vinzak
01-07 12:02 PM
Just wanted to bump this post in case people missed it. I'm surprised it didn't receive more attention.
We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.
What u think guys?
We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.
What u think guys?
srikanthmavurapu
08-16 12:29 PM
Hi ,
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
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