rheoretro
11-07 02:18 PM
cool
rheoretro,
Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.
I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.
So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)
rheoretro,
Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.
I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.
So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)
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grupak
02-06 11:46 AM
AFAIK you should be able to get the pay raise mid year even in a university, however you might have to file an amendment to your H1B if it is not the usual inflation adjustments.
Usually amendments are filled when there is a material change like new location because it invalidates the underlying old labor. There is no clear cut rule but some lawyers feel 10% pay increase is borderline. If there is a title change you also might need an amendment even though duties in universities hardly change from the usual teaching and research.
Filing an amendment is easy from what I remember.
And, yes, I am familiar with the university system.
Usually amendments are filled when there is a material change like new location because it invalidates the underlying old labor. There is no clear cut rule but some lawyers feel 10% pay increase is borderline. If there is a title change you also might need an amendment even though duties in universities hardly change from the usual teaching and research.
Filing an amendment is easy from what I remember.
And, yes, I am familiar with the university system.
Rav!
10-02 02:25 PM
Hello all,
I am in a similar situation. H1 expiring soon and still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).
LC and I140 have been approved...so wanted to apply for a 3 yr extension.
My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1
Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.
As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved??
Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.
Can a LCA be reused? Is it a valid/legal thing to do?
Any and all help in obtaining an answer for the above questions is really appreciated.
Thanks.
I am in a similar situation. H1 expiring soon and still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).
LC and I140 have been approved...so wanted to apply for a 3 yr extension.
My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1
Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.
As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved??
Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.
Can a LCA be reused? Is it a valid/legal thing to do?
Any and all help in obtaining an answer for the above questions is really appreciated.
Thanks.
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kawosa
08-07 09:27 AM
Its been out for month.. I am not sure what your point is!
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immig4me
09-07 08:40 AM
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think
knnmbd
03-24 08:55 PM
Guys!! I have no idea what can bring sense to all of us and unify our voice. America is not our " Fathers or In -Laws " house to give or grant what we want. There is a reason behind why STEM has been established...because there is a shortage for highly skilled and intellectual people. They dont need any software engineers because the golden period of 90s for tech boom is done....now the boom is in BANGALORE!!! So guys jobs have been outsourced and there is no big demand for the techies...and we all know it..DONT WE??? Coming to MBA's i have mentioned this in my earlier post too, there are so many MBAs already here and nstead of mindlessly saying we want MBA's included or we should get EADs for H4 or the next Pope should be an H1B waiting for GC, we should concentrate on efficency of USCIS, increasing the number of Visas rather than adding clauses based on our whims and fancies. America needs Engineers, Scientists, Mathematicians, Biologists, Professors who will bring about innovation and be involved in research because thats what drives a country. What can we techies contribute other than programming which by the way people in INDIA are doing for less if not any better. Just by paying taxes we cant call what they are doing is unjust against human rights ...etc How many of us tried to write or call our own Netas in India against corruption or any other slight problem.When we didnt exercise our right there...this country is not even ours how can we expect them to show pity on us and include the clauses we want. We have to our earn the rights to get permanent residency and for that if one has to get a Masters Degree maybe thats the price. A lot of Students come to America on F1 by spending on an average 15000 t0 20000K and sometimes more and after the downturn when there were no jobs some of these students even paid for a second masters and even Phds without aid when we in california raked in sign in bonuses and all other moolah. Maybe this is the pay back time for people with advanced degrees and lets all accept it gracefully. I know each of us want to continue to live the good old American dream but although the truth is bitter lets be rational with our demands and work towards an educated goal.
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jsb
03-25 02:45 PM
If you have all the PERM case numbers with you then you should be able to find your PD in this link
http://www.flcdatacenter.com/CasePerm.aspx and
It is interesting that you can find company names and sponsored people in this database. With job titles you can even guess who they are. I found mine, my job title being so specific.
Although employer owns I-140, it also relates to the person being sponsored. So, it should be possible to get a copy from Company A and B.
http://www.flcdatacenter.com/CasePerm.aspx and
It is interesting that you can find company names and sponsored people in this database. With job titles you can even guess who they are. I found mine, my job title being so specific.
Although employer owns I-140, it also relates to the person being sponsored. So, it should be possible to get a copy from Company A and B.
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howzatt
07-18 10:32 AM
Guys,
If we cannot even contribute $10 PER MONTH, that is really really cheap of us.
eb3,
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
If we cannot even contribute $10 PER MONTH, that is really really cheap of us.
eb3,
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
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gapala
02-09 09:54 AM
You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.
This may not fly because, both are considered different legal entities. The time that you have worked for A from Oct 05 to Aug 06 till the date H1B Transfer was filed from C to A, your employment will be considered unauthorized.
You need to immediately contact a good lawyer to evaluate your situation and options. I am sure they will find a way out.
Your case is slightly different than working for multiple employers while on H1B.
You can have multiple H1B's and work for multiple employers, given one of them is primary full time employment. This is perfectly legal and one of my friend has gone through this situation during his GC process. He did get an RFE and provided the details of both employments to CIS and they eventually approved his case. This was in 2004 though.
This may not fly because, both are considered different legal entities. The time that you have worked for A from Oct 05 to Aug 06 till the date H1B Transfer was filed from C to A, your employment will be considered unauthorized.
You need to immediately contact a good lawyer to evaluate your situation and options. I am sure they will find a way out.
Your case is slightly different than working for multiple employers while on H1B.
You can have multiple H1B's and work for multiple employers, given one of them is primary full time employment. This is perfectly legal and one of my friend has gone through this situation during his GC process. He did get an RFE and provided the details of both employments to CIS and they eventually approved his case. This was in 2004 though.
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loveiv
08-29 12:20 PM
We have a wealth of information from A to Z on US Immigration, why dont we ourselves write articles and editorials and get them published in the News Papers, Journals, etc?
Why are we waiting for some one to come to us and take information to write articles on us. Does Newspapers check the background of authors to verify if they are citizens/non-citizens/green card holders/ H1B's. What all matters to them is quality and authenticity of the articles.
Do you folks think this a good option to pursue?
Is anybody stopping you from doing so?
"TALK LESS, WORK MORE".
Why are we waiting for some one to come to us and take information to write articles on us. Does Newspapers check the background of authors to verify if they are citizens/non-citizens/green card holders/ H1B's. What all matters to them is quality and authenticity of the articles.
Do you folks think this a good option to pursue?
Is anybody stopping you from doing so?
"TALK LESS, WORK MORE".
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anilsal
12-14 10:11 PM
Why not coordinate with the MA state chapter members?
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kiran_k02
12-05 09:36 AM
I wonder with so many layoffs in US, how much support will H-1B quota increase lobbying group get from the congress?
I think H-1B quote increase issue might be on back-burner for now and most likely they will concentrate on getting comprehensive immigration reform bill passed by middle of next year.
I think H-1B quote increase issue might be on back-burner for now and most likely they will concentrate on getting comprehensive immigration reform bill passed by middle of next year.
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dreamgc_real
05-03 09:10 PM
Thanks for this input. I'd call them around 10th of this month.
Keep us updated. Also what is the processing time for EADs in AZ on an average? Both for premium and regular?
Keep us updated. Also what is the processing time for EADs in AZ on an average? Both for premium and regular?
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radhay
04-28 02:49 PM
There is nothing wrong in asking but the attorney has no right to reveal the information to you although some do. Did you try to make that request through your employer?
I think some members requested a copy of 140 approval notice from USCIS by filing a freedom of information request. Not sure how though.
I think some members requested a copy of 140 approval notice from USCIS by filing a freedom of information request. Not sure how though.
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saketkapur
03-24 03:38 PM
She will need to complete a 3 year waiver in medically underserved area or a 2 year home return before you can file for her adjustment of status(I-485).
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
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menezeswayne
12-11 03:05 PM
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
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FredG
April 10th, 2004, 10:19 AM
Well, Anders, we've determined that you can capture a bird in flight as long as it has a stick in it's neck so you can keep it in track. (kidding) Not many things in nature are perfectly round, straight, and sharp, sot this is man-made. We have good views in shots 2 and 5 showing it entered from the front and never came out. I'm guessing it flew into a dowel that someone was using for whatever. Maybe attached to a dock, or on rocks, or even in a local dump. Whatever it was, the bird would have crashed into it with pretty good force. That leads me to believe it was attached to something and the bird came in to land straight on, so the profile was just a dot.
Fred
Fred
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fide_champ
04-11 10:05 PM
Hi,
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
Thanks!
Keith
it's not too late. ask your lawyer to get labour thru perm. it'll take about 2 months and then you can do I140 in premium which takes 15 days. you can then get a 3 yr extension.
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
Thanks!
Keith
it's not too late. ask your lawyer to get labour thru perm. it'll take about 2 months and then you can do I140 in premium which takes 15 days. you can then get a 3 yr extension.
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willgetgc2005
01-25 08:37 PM
Hello,
I have a profile for online case status monitoring and because I attempted
logins with wrong password, I am locked out.
I get the following message:
Your password has been locked because of too many unsuccessful login attempts.Contact the USCIS Headquarters Referral Management Team for support.
Does anyone have the telephone number or email id of USCIS Headquarters Referral Management Team ? How do i reset the password by calling them. I forgot the answers to prompt questions too.
Thanks in advance.
I have a profile for online case status monitoring and because I attempted
logins with wrong password, I am locked out.
I get the following message:
Your password has been locked because of too many unsuccessful login attempts.Contact the USCIS Headquarters Referral Management Team for support.
Does anyone have the telephone number or email id of USCIS Headquarters Referral Management Team ? How do i reset the password by calling them. I forgot the answers to prompt questions too.
Thanks in advance.
vijju123
04-28 04:51 PM
Sometimes employers have an agreement with the law firms that all primary correspondance should happen between the employee and employer representative usually HR / Immigration Compliance administrator. Employer representative will direct the employee to the law firm if they are not able to answer their questions. This is the scenario with my employer. Hope this helps.
Vijay
Vijay
samrat_bhargava_vihari
02-05 04:12 PM
Guys,
Don�t spread false information if you don�t know.
Possibility -- Yes
Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.
Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
-------------
I am not a lawyer use this information at your own risk.
Don�t spread false information if you don�t know.
Possibility -- Yes
Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.
Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
-------------
I am not a lawyer use this information at your own risk.
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