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Monday, June 27, 2011

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  • hpandey
    04-29 10:54 AM
    Thanks kaisersose.

    Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.

    Thanks.

    H1-b extension rarely gets denied so you don't need to worry but if you are worried about it ( most people in the GC line have had their H1's renewed multiple times ) then use the EAD for working . EAD would also give you flexibility to change jobs in future to a better paying employer.

    H1-b RFE or denial for you will not affect your GC process since you are a derivative application unless you have done something really illegal .

    I would advise you not to get worried. You just need to decide whether you want to maintain your H1 status or work on EAD. Everything will be fine either way.





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  • BimmerFAn
    06-23 12:58 PM
    Yeah I saw on the Visa Bulletin that EB3 is really backed up. Kind of upsetting because I am sure that not too many people from my country are working in my field.

    Regardless, my position is that of a Financial Services Auditor. The position requirements state that a Master's degree is preferred but a Bachelor's is acceptable if one meets the credit hour requirements to sit for the CPA exam (150 hours).

    I heard that EB2 category placement depends on the position requirements not on my actual degree, which is a BS in Accounting and Finance (Double Major, exceeding 150 credit hours). Using that information is there any way that I could be placed in EB2? I got the job with a lesser degree because I was able to demonstrate exceptional ability.

    As far as the bonus thing goes, I was trying to address the "renumeration" requirement for EB2. My company is one of the top in the field globally. I reason that if one receives bonuses for being one of the top performers in that company then it should be "exceptional ability."

    Lastly I would meet the Professional licensing - CPA/CFA - and professional organization membership - AICPA and other State orgs.

    I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.





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  • desi3933
    04-02 01:02 PM
    .....
    Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. .....


    Three things here -
    1. For eb-2, bachelor degree must be "single degree" and not a combination.
    2. NIIT is not a recognized diploma in India and therefore has no value.
    3. For eb-3 also, your labor MUST be worded in a way to allow combination of degrees. In that case also, NIIT diploma can not be used.

    Even if NIIT diploma was recognized, you would have issues since NNIT diploma is not "post bachelor" but done "along with" bachelor degree. So it can't be combined.

    You should consider discussing with your attorney the option of filing labor for "eb3 skilled labor" with associate degree requirement.


    ________________
    Not a legal advice.





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  • vdlrao
    10-18 11:02 AM
    It would be more convinience for all of us if you can provide that $50 option through online than physical check. Please consider this.

    Thanks.



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  • randomdude
    12-07 12:11 PM
    There is no gain in waiting longer.

    What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.

    As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.

    Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)

    I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?

    I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?

    As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question





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  • joshraj
    10-03 02:44 PM
    Lets Keep Our fingers Crossed :) and PRAY :)



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  • gcseeker2002
    02-12 05:17 PM
    Folks,

    employer's attorney claims that there is no such thing as H4 premium processing.

    Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?

    I searched all Mathew-Oh updates dated one year ago and can't locate it.

    I need to get that h4 under premium ASAP so that I can transfer to H1 in April.

    Can anyone please help?
    My company cries about the costs for regular process, forget premium process , so i dont know.





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  • gcisadawg
    03-25 04:57 PM
    "contact us" gets so many messages everyday (which are first thoroughly cleared by security), that even standard acknowledgement takes days. I don't think your acknowledgement came after somebody read and understood your priority date or country limit immigration concerns.

    security clears of what? Anthrax?
    For heaven's sake, those are just text, right? I dont think we can do an attachment..



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  • sanjeev.mehra@gmail.com
    08-15 08:25 AM
    Hi,

    If I am working with X company & Y company is ready to file GC.
    (Assuming Y has no objections even if I do not join the company at all)
    Is it mandatory for the candidate to join company Y at certain stage which has file GC?
    I would appreciate your comments.

    Regards,
    Sanjeev.





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  • dhesha
    08-15 01:59 PM
    Couldn't resist opening a new thread and sharing this with fellow IVians.

    We got our green cards today. It is actually green (in the back).


    Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.


    Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.

    What is ur PD, ND, RD and Service Center?



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  • mnq1979
    09-21 07:38 AM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Thanks.

    I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.

    Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
    Did ur wife also applied for the I485 with you or u applied alone?

    thanks





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  • chandra140
    08-25 09:14 AM
    Hi kondur_007,

    Now can i do the 140 premium processing,to know the result asap.

    If my 140 is still in process,can i file another perm labour and can i use my old labour dates.

    Thanks for ur response.



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  • gc28262
    07-21 09:33 AM
    IMO it looks like USCIS is trying to find some reason to deny an H1B petition. Fragomen doesn't have the guts to defend their clients before USCIS since they underwent some investigation.
    They are just trying to play safe.





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  • snathan
    02-15 01:54 AM
    i have signed non compete , but when i signed it , he explained me that i should not go to the client through some other vendor , but i can join end client as end client has contract with Prime vendor that they can hire me full time .

    But now he is claiming that i cant join full time with the client as well.

    During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.

    Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?

    Didnt you read the paper before sign the paper. Also dont you have the copy of that



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  • cari
    01-08 05:01 PM
    I got this from different website(not sure if I can quote here).

    Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.

    I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D

    Can you please provide me the web address of that website?

    thanks,.





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  • leoindiano
    06-29 09:28 AM
    Lawyer said they filed on 21st and waiting on the decision. Hope my application is not effected.



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  • kandhu
    01-02 02:27 PM
    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??

    Welcome to the GC journey!

    My GUESS is atleast 5 to 8 years with the current laws.
    (I may be too optimisic. It may be even 10+ years !)

    I know one of the things that IV is figting for is to apply for I485 even when the dates are not current. (This is just one of the many things that IV is fighting for. Review the below thread for detailed info)
    http://immigrationvoice.org/forum/showthread.php?t=16298&highlight=year

    So please continue to Support & Contribute to IV.

    Hope you have a less wait time.





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  • Canadian_Dream
    02-27 01:31 PM
    I have the exact same question for the original poster. Do you know someone or have heard from several people who were scrutinized about intent after leaving the employer upon GC approval ? I know folks who left with in few months and completed naturalization without any issues, but that's an anecdotal evidence and doesn't prove anything. Please let us know your source of information.

    You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:





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  • LostInGCProcess
    01-08 12:54 PM
    LostInGCProcess, Since you used AP to enter do you now loose your H1 status? just curious to know.

    I read in other blogs that your status would be AOS if you enter using AP and not H1-B. If you need to retain H1-b then your I-94 needs to be stamped as that at the port of entry.

    Any comments......

    No. One can continue to work on H1 if its the same company.





    Sachin_Stock
    07-31 02:50 PM
    Sorry but you guys seem to forget the fact that there were very few 2001, 2002 filers.

    I dont know about 2003.





    neha_garg123
    01-08 07:20 PM
    You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.

    Thanks a lot!!



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