Thursday, June 16, 2011

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  • CreatedToday
    03-18 02:56 PM
    It's very sad we depend on this bloodsucker employer (former H1s) who setup the shop and leave you in the lurch when they can't squeeze any more of your blood!

    You may complain with DOL, but I�m not sure about any statutory limit to file the case.

    Good Luck!

    Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?
    . . .
    But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.

    Now I'm mad since I'm stranded, and if possible complain about him.

    I need HELP.




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  • mps
    08-15 05:02 PM
    You need to read AC21 carefully

    On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.

    On rare occasions, USCIS revokes previously approved GC�s in case of fraud.

    Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.




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  • krishmunn
    02-02 07:53 AM
    If you are working in a arbitrary job in a location different from where TVU is (which indicates you never attended classes in TVU) , you are in serious trouble. Your best bet in that case is to quietly leave US ASAP or change your status to H1/H4 if possible.

    In any case, stop working immediately and talk to an attorney.




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  • rockstart
    03-22 09:15 AM
    Your post is confusing. Can you please add details. Is her visa (stamping) denied or her I 797 (H4 approval I forget the number its I5XX something) that was not approved? I am assuimg its the later. Any case its always prudent to exit the country immediately in order to maintain status.



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  • rcr_bulk
    07-23 11:30 AM
    Hi,
    I am planning to renew my AP while in India. What is the procedure to do this?

    My details :
    Applied for H1 transfer - Dec 15,2008 - normal category -still pending
    Ap - valid till Nov 2009
    EAD - valid till Nov 2010.Using AC21 for working with the present employer.

    I came back to India in March, after completing the project.
    My present employer wants me to come to the US only when I have a project in hand.
    Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
    I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.

    In this scenario, I am still not sure, if coming back to US will be a good option or not.
    But I may need to come if the AP renewal is not possible from India.

    In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?

    Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
    My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
    I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
    Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
    I am not very confortable with this situation.
    I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
    I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
    Can you give me some guidence on this?

    Try applying online, if lucky you will get.




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  • dilbert_cal
    05-02 07:54 PM
    You have Enough time - I'd say a little more than enough time to think judiciously before you jump ship. Find a good employer -someone with whom you can stick around for a couple of years - and then make your move.

    No need to be desperate and catch the first job opportunity which comes your way. PERM should take 4-6 months overall and one month for 140. You have 7 more months - now this is completely your personal choice - depending on how much of a risk taker are you - you can look for a good opportunity for say 2 months and then switch or loop another 4 months or maybe switch tomorrow. Thats a part you get to decide and enjoy.



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  • akhilmahajan
    04-13 08:35 AM
    I just checked what I had filed last time and this is what I have selected (c) (09).

    Also, can anyone tell me, once they e-File, does it tell you where to send the documents to?

    Thanks for the help.




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  • tulips
    05-24 03:02 PM
    Hi,
    My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now? Can I get extension based on number of days I have been out of country in last 6 years.? (119 days) If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota? I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension? Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
    Thanks!



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  • GCHope2011
    10-24 02:17 PM
    Hello,

    I have a baby in US. We have applied for birth certificate and ssn. we plan to travel to india in December. I plan to apply for US passport once i receive DOB and ssn certificates. I have following Q's -

    If baby has to travel to india, do i need PIO or OCI?
    What is difference b/w two?
    Can i simultanesously apply for PIO/OCI along with US passport?
    What documents would I need to apply PIO/OCI along and US passport?
    How long does everything take?

    Thanks,
    ak_manu
    you can only apply for PIO and NY consulate issues it within 4 days (if you submit and collect in-person) or two weeks end-to-end if you apply by mail.




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  • Munna Bhai
    12-14 08:20 AM
    I have been looking to possible cause of getting RFE at I-140 stage and I came up with the following:

    1.If your qualification doesn't match with the job description, like you have AMIE,Diploma,M.Sc 3 years courses but I-140 says Major required is Engineering or B.Tech(chemical) or B.Tech(mech) but working in Software.

    2.Ability to pay, which means how many I-140 that company currently has and whether that is equally distributed for wages.

    3.Ability to pay, which means have you submitted the required Tax document etc so that it shows company can pay future wages.


    I would like to get more information so that others who are planning to apply for GC should take this into consideration.

    Any inputs is appreciated.

    Thanks,
    -M



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  • gg_ny
    03-18 01:54 PM
    Q: Does the core team who have their boots in Washington have any knowledge of the date when the CIR will be introduced by Mr Kennedy?

    Answer: (ALthough I am not part of the core team)...When the Judiciary committee is done with calling people for testimony in the 'Purgegate'. That means, upto the 3rd week of April. Even if it gets introduced to the floor of the Senate, the committee is going to be preoccupied with this scandal. Maybe if AG resigns, and all the fired prosecutors are reinstated next week, then by the end of the month you can start hearing the discussions. I gathered some words in the wind that high tech companies that wrote letters on quota for H1B is preparing to introduce a measure (when need arises) anticipating 1) H1B quota will run out in 21 days 2) CIR would not happen this year. BUT I AM NOT sure how much substantiated this is.

    Hello :

    Does the core team who have their boots in Washington have any knowledge of the date when the CIR will be introduced by Mr Kennedy . Days have turned to weeks then to months and we have been just hearing stories of the bill getting introduced "Next Week ".The press is spilling gallons of ink and the onliners are creating Gigabytes of forum data on Immigration Legislation and its outcomes, but nothing seems to come out of Capitol Hill , they are just going around in circles .Are they actually going to do something this year or is it just another eyewash ?




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  • raysaikat
    06-10 10:18 PM
    I'm confused - Everyone who has a 140 is supposed to have a Labor and very likely that will be more than 365 days old. So why do anyone need 140 approval in that sense ?

    And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.



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  • mmaxima
    08-21 04:24 PM
    From http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25

    "The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."


    That's provided that India gets 7%. ROW is in retrogression as well. The visa number is divided among all country. 7% rule only apply when visa number is abundant otherwise it's shared.




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  • JK747
    07-16 09:25 AM
    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.

    Micofrost is CORRECT. My wife is on H4 and working on EAD currently. My lawyer had also confirmed that working on EAD does not affect H4 status.



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  • vkmurthy260
    06-23 05:57 PM
    I went to mexico and came back with new I 94 .

    Thanks

    Kris.




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  • raysaikat
    05-24 05:43 PM
    ... My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year ...

    One point to add: If your husband did not get AP before going out and/or stayed outside for too long and/or did not file taxes in US, etc., then it is possible that he has abandoned his GC application, in which case the dependent's EAD also becomes invalid.



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  • lostinbeta
    10-20 02:28 AM
    Edwin used Painter and Photoshop to make that image.

    I think the latest one is Painter 7.

    I am sure you learned from other people too calaway:)




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  • h1vegas
    06-24 03:01 PM
    Pls reply




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  • Rb_newsletter
    04-15 05:20 PM
    The person I know who got GC before the PD was current, debated for sometime asked his lawyer etc... but it was whoever's mistake, they have got to honor it... he decided to keep the GC act dumb and njoy life.:D.. by the way even if you get a GC when PD is current they reserve the right to revoke... check with lawyer and decide for yourself !!!

    Does anyone know which law states that GC should not be approved when PD is not current? I guess the whole 'PD' concept was invented by administration people.




    morchu
    04-21 08:46 AM
    Depends on many variables.

    1. What is the field of your / your spouse's job? Can you find a good job in Canada?
    2. Is there any other variables that force you to be in USA. (Relatives etc..)?

    For a lot of middle category jobs Canada is even better than USA. Infact Canada is more industrial than USA and has very good quality of life. But if you are going to Canada for a "hi-tech" job, think twice..... (opportunities)..

    "7 years" for US citizenship is tooo optimistic.
    If you are from India, it "may" take 10 years for you to get even a Green Card, filed under EB3. Browse through the forums and you will see than many of the Indians here are waiting for more than 10 years.

    -Morchu

    well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.

    So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?

    My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.


    Any thoughts??




    sam_hoosier
    12-17 10:53 AM
    I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry

    The labor was filed as software engineer whose description says that this was java focussed intense programming position.

    I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.

    I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)

    what do you think?

    Have you checked the job codes for the two jobs ? Just given this information, the new role does look similar. However, I would run this by an attorney just to be safe.



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