wandmaker
08-17 02:14 AM
Thanks for the valuable inputs.
Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.
If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?
You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.
Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.
If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?
You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.
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RenaissanceGirl
10-21 02:59 PM
I've been using Painter Classic/7 on and off. The interface is a little hard to get around, since it bears little resemblance to other graphic software. However, I discovered it is more oriented towards traditional art.
And I agree with Ed - not much use for it if you don't have a tablet... unless you're really good with a mouse.
And I agree with Ed - not much use for it if you don't have a tablet... unless you're really good with a mouse.
logiclife
05-09 10:34 AM
Meet-and-greet fellow
Immigration Voicers
Some of the Core-group members will be converging in Washington DC on Monday, May 15th. Some of us are flying over the weekend (from Florida, Nevada, Seattle etc) and the ones nearby (NY, NJ, DE, MD) are driving there.
The core-group would like to meet Immigration Voice volunteers and members in and around the Washington, DC area. We are arranging a get-together dinner event on May 15th in DC Metro area to facilitate this meet and greet, and to have frank conversations with our current and future members.
You are invited to meet with the core group and network with members, local professionals, and well-wishers of Immigration Voice. Don't lose the fantastic opportunity to learn more about IV's strategy as well as the Capitol Hill meetings first-hand from the core-group.
Attorney Rajiv Khanna would be joining us for this meeting.
The event is arranged at a Bombay Palace at a discounted price of $20 per person. Like all the activities and events, the expenses (food, travel etc) will not be reimbursed by IV, and it would be paid out-of-pocket by volunteers, members and all guests.
If you (your spouse or colleagues at work) would like to join us,
(1) Please RSVP at the following email addresses with subject "RSVP".
(2) Include the following: Name, and TOTAL number of people attending - including yourself.
(3) Children NOT allowed (As this is a professional/organizational event, we advise you not get kids along with you. We apologize for any inconvinience this may cause.)
Venue
Bombay Palace
2020 K St. NW, Washington, DC
Time
6:30pm to 9:30pm
Valet parking available(Free after 5:30 PM)
Metro directions
(Easily accessible by metro.)
Few blocks from the follow. metro stops:
Farragut North (RED line - Connecticut Avenue and K Street) and
Farragut West (BLUE and ORANGE lines - 18th and I street)
RSVP by Friday (05/12) 4:00 p.m.:
(Please include the total number of people. Children not allowed.)
jay@immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=jay@immigrationvoice.org)
info@ immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=info@immigrationvoice.org)
Immigration Voicers
Some of the Core-group members will be converging in Washington DC on Monday, May 15th. Some of us are flying over the weekend (from Florida, Nevada, Seattle etc) and the ones nearby (NY, NJ, DE, MD) are driving there.
The core-group would like to meet Immigration Voice volunteers and members in and around the Washington, DC area. We are arranging a get-together dinner event on May 15th in DC Metro area to facilitate this meet and greet, and to have frank conversations with our current and future members.
You are invited to meet with the core group and network with members, local professionals, and well-wishers of Immigration Voice. Don't lose the fantastic opportunity to learn more about IV's strategy as well as the Capitol Hill meetings first-hand from the core-group.
Attorney Rajiv Khanna would be joining us for this meeting.
The event is arranged at a Bombay Palace at a discounted price of $20 per person. Like all the activities and events, the expenses (food, travel etc) will not be reimbursed by IV, and it would be paid out-of-pocket by volunteers, members and all guests.
If you (your spouse or colleagues at work) would like to join us,
(1) Please RSVP at the following email addresses with subject "RSVP".
(2) Include the following: Name, and TOTAL number of people attending - including yourself.
(3) Children NOT allowed (As this is a professional/organizational event, we advise you not get kids along with you. We apologize for any inconvinience this may cause.)
Venue
Bombay Palace
2020 K St. NW, Washington, DC
Time
6:30pm to 9:30pm
Valet parking available(Free after 5:30 PM)
Metro directions
(Easily accessible by metro.)
Few blocks from the follow. metro stops:
Farragut North (RED line - Connecticut Avenue and K Street) and
Farragut West (BLUE and ORANGE lines - 18th and I street)
RSVP by Friday (05/12) 4:00 p.m.:
(Please include the total number of people. Children not allowed.)
jay@immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=jay@immigrationvoice.org)
info@ immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=info@immigrationvoice.org)
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kenpat
03-09 07:57 PM
Guys I hear you all. If you want to do something about it go to the thread 'US Housing Crisis and Employment based Green Card issues'
My original post there was
I think we should do something contrary to what everyone else is suggesting. I have been reading a lot of posts on here iv and other sites where there is talk of us shelling x amount of dollars or buying a house as a solution to help the economy which is a good thing. However on the same posts I also see contrarian views saying the economy is in bad shape and they will never want to add more immigrants its a political thing. Some of them suggested that since we have all our savings in this country with the banks and the institutions they are not going to get an added benefit other than buying up of the houses and inventory which no one wants I guess. My contrarian view is this:
We sign a proposal and send it to the congress to act on eb cases or whatever we want them to and if they dont then the immigration community should start sending back dollars to their home country. We need massive campaign and support. Think about this estimates are about 800k are waiting in labor, eb or 485 stage if we send $1000 every week from the banks institutions in the US to our own country banks it will deplete the banks reserves by 800 mln every week. How long do you think they will want this to continue in the face of a falling economy and banks with limited funds.
Another thought that comes to mind is everyone takes a day off every month on one day.
Gandhiji taught us something non cooperation and maybe thats the way forward.
Thoughts opinions are welcome�
Here are my latest comments there:
I dont know if you guys watch cnbc but there was a debate today on whether foreign workers should be allowed and one of the Guests Vivek Wadhwa a Professor at the Duke Univ in North carolina said if we let them go back can you imagine the money from Citi and Bank of america going with them and there will be a run on those banks, exactly what I have been saying they cannot afford a run on the banks. All we NEED is collective action otherwise we are all DOOMED at different times even if your 485 is pending they are finding ways to block your GC process if that is not yet evident. Join the gang or Good luck!!!
My original post there was
I think we should do something contrary to what everyone else is suggesting. I have been reading a lot of posts on here iv and other sites where there is talk of us shelling x amount of dollars or buying a house as a solution to help the economy which is a good thing. However on the same posts I also see contrarian views saying the economy is in bad shape and they will never want to add more immigrants its a political thing. Some of them suggested that since we have all our savings in this country with the banks and the institutions they are not going to get an added benefit other than buying up of the houses and inventory which no one wants I guess. My contrarian view is this:
We sign a proposal and send it to the congress to act on eb cases or whatever we want them to and if they dont then the immigration community should start sending back dollars to their home country. We need massive campaign and support. Think about this estimates are about 800k are waiting in labor, eb or 485 stage if we send $1000 every week from the banks institutions in the US to our own country banks it will deplete the banks reserves by 800 mln every week. How long do you think they will want this to continue in the face of a falling economy and banks with limited funds.
Another thought that comes to mind is everyone takes a day off every month on one day.
Gandhiji taught us something non cooperation and maybe thats the way forward.
Thoughts opinions are welcome�
Here are my latest comments there:
I dont know if you guys watch cnbc but there was a debate today on whether foreign workers should be allowed and one of the Guests Vivek Wadhwa a Professor at the Duke Univ in North carolina said if we let them go back can you imagine the money from Citi and Bank of america going with them and there will be a run on those banks, exactly what I have been saying they cannot afford a run on the banks. All we NEED is collective action otherwise we are all DOOMED at different times even if your 485 is pending they are finding ways to block your GC process if that is not yet evident. Join the gang or Good luck!!!
more...
americandesi
08-11 03:44 PM
I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let’s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let’s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?
a_yaja
01-08 11:01 AM
Thank you for the quick response.
You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???
I don't think so. I applied for AP on my own - and I got only 2 copies, not three.
You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???
I don't think so. I applied for AP on my own - and I got only 2 copies, not three.
more...
Munna Bhai
11-15 04:03 PM
Hi ,
My 180 days have passed and I have an approved 140. My job was filed in 2002 in EB2 as s/w engg. In this job i moved to project manager in IT. Now I am getting a job offer for an awesome company, nice pay and as a program manager. the role is still in IT but it will be more managing.
Would this be a safe bet to take by choosing AC-21?
Please reply. i need to respond to them in a couple of days....
Use EAD to join the company but during I-485 process if they ask for EVL keep a back up company which can give EVL with Labor job description. Hope this helps.
My 180 days have passed and I have an approved 140. My job was filed in 2002 in EB2 as s/w engg. In this job i moved to project manager in IT. Now I am getting a job offer for an awesome company, nice pay and as a program manager. the role is still in IT but it will be more managing.
Would this be a safe bet to take by choosing AC-21?
Please reply. i need to respond to them in a couple of days....
Use EAD to join the company but during I-485 process if they ask for EVL keep a back up company which can give EVL with Labor job description. Hope this helps.
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mbartosik
02-20 11:01 AM
MRSR:
there have been rumors of EB2 India moving out of U.
Any notes with VB may be more important than the actual movement. So whether it is worth depends on the PDs.
I interfiled (ROW) in December, I'm not sure if they applied it.
When I spoke with an IO they seemed clueless about interfiling, thinking that new I485 had to be filed -- plain wrong. So be prepared to check up on them a month after filing. They should be able to tell you if the I140 is assigned to a I485. For me it is academic now because as of March I'll be within PD for EB3 or EB2.
there have been rumors of EB2 India moving out of U.
Any notes with VB may be more important than the actual movement. So whether it is worth depends on the PDs.
I interfiled (ROW) in December, I'm not sure if they applied it.
When I spoke with an IO they seemed clueless about interfiling, thinking that new I485 had to be filed -- plain wrong. So be prepared to check up on them a month after filing. They should be able to tell you if the I140 is assigned to a I485. For me it is academic now because as of March I'll be within PD for EB3 or EB2.
more...
Green.Tech
07-25 05:37 PM
Yes that is right the job responsibilities can increase. For my case the labor was filed for engineer position but I am on a manager level now and title has changed. My responsibilities have increased means i have all resp advertised + more and lawyer said OK.
So, did you have to redo PERM for the manager's position or did your older PERM fly?
So, did you have to redo PERM for the manager's position or did your older PERM fly?
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webm
03-17 11:49 AM
ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.
Very true
Very true
more...
alterego
08-30 07:05 PM
They will reply to all the SRs and Infopass that the applications are not more than a month outside of normal processing times, so they would not reply. The Processing times were moved to that July 2nd date for a specific reason.
I think that if they have some numbers they might start looking at older RD/PD. Believe it or not, they have many pending 485s with RDs even a lot earlier than July 2007.
Lets hope no numbers are lost. If they accomplish this and clear out all the 2004 PDs and earlier than 2007 July 2nd RD, that would be reasonable.
All that said, I have no trust in their communication or their abilities.
I think that if they have some numbers they might start looking at older RD/PD. Believe it or not, they have many pending 485s with RDs even a lot earlier than July 2007.
Lets hope no numbers are lost. If they accomplish this and clear out all the 2004 PDs and earlier than 2007 July 2nd RD, that would be reasonable.
All that said, I have no trust in their communication or their abilities.
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LookingForGC
01-26 10:26 PM
Congrats! Enjoy the freedom.
more...
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gsrknth
07-23 01:42 PM
http://immigrationvoice.org/wiki/index.php/AP
You cannot renew AP while in India. The above link has good information.
You cannot renew AP while in India. The above link has good information.
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green_world
02-13 08:59 PM
I-485?? save $$ join IV
more...
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snowcatcher
05-22 08:02 AM
I believe this is the transcript of the article that was referred above. It says March 2006 on it and it was done for House Subcommitee on immigration. Hope this link works.
http://www.nfap.com/researchactivities/articles/Testimony033006.pdf
http://www.nfap.com/researchactivities/articles/Testimony033006.pdf
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anandrajesh
08-15 01:46 PM
Absolutely right, how otherwise do you explain that they issued card production for people with PD's in 2004, (Dates not current in June) on July 2nd and in an hour and then said the visas are unavailable.
NO FIFO whatsoever.
They just saved themselves by retracting the VB of JULY, or else they would have faced lawsuits, and investigation which would have shown all irregularities and fraud.
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
NO FIFO whatsoever.
They just saved themselves by retracting the VB of JULY, or else they would have faced lawsuits, and investigation which would have shown all irregularities and fraud.
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
more...
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bipin
03-18 12:44 PM
Answers to your Questions:
My first labor was applied with my first company in 2004. In Pre-PERM era separate State and Federal labor approvals were required. My state labor was cleared, and federal pending. When they introduced PERM in June 2005 all the old cases were moved to BRC (Backlog reduction Centre, which was closed in Oct 2007). My labor started rotting in BRC and my then employer was not willing to file a PERM saying, they have to withdraw the current labor and I'll lose my PD. So I was looking for a new employer and got this guy in Aug 2006. Most of us all must have gone with many deals with the employer like 80:20, 95:5 plus payroll tax etc. and in my case the deal was I'll take all immigration related costs hoping for a faster GC.
And now H1 transfer w/o paychecks, yes, it's not possible per law. But it's not always per book, like 3 year degree holders got GC thru EB2 few years back, now they can't even get EB3. So with my current company's attorney I got H1 transferred (Yes, there were RFEs on paycheck!)
Isn't my case shows how this employer based immigration system is completely broken. This guy didn't bring me here, he didn't get me any project, but I had to go to him to get my GC. He must have come here like me few years before and he screwed my life! I'm stranded now after 8 years working here, and he became richer from his cut of my salary.
My question is, he cancelled my H1 in Aug 2008. It's been 19 months since then. Is there an statutory limit after the violation to file a complain? Also now it looks like he closed the company which was in NJ. The company was registered in DE and I worked for him in CA.
Cany Any Attorney/Member suggest?
Dear Friend,
We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.
My first labor was applied with my first company in 2004. In Pre-PERM era separate State and Federal labor approvals were required. My state labor was cleared, and federal pending. When they introduced PERM in June 2005 all the old cases were moved to BRC (Backlog reduction Centre, which was closed in Oct 2007). My labor started rotting in BRC and my then employer was not willing to file a PERM saying, they have to withdraw the current labor and I'll lose my PD. So I was looking for a new employer and got this guy in Aug 2006. Most of us all must have gone with many deals with the employer like 80:20, 95:5 plus payroll tax etc. and in my case the deal was I'll take all immigration related costs hoping for a faster GC.
And now H1 transfer w/o paychecks, yes, it's not possible per law. But it's not always per book, like 3 year degree holders got GC thru EB2 few years back, now they can't even get EB3. So with my current company's attorney I got H1 transferred (Yes, there were RFEs on paycheck!)
Isn't my case shows how this employer based immigration system is completely broken. This guy didn't bring me here, he didn't get me any project, but I had to go to him to get my GC. He must have come here like me few years before and he screwed my life! I'm stranded now after 8 years working here, and he became richer from his cut of my salary.
My question is, he cancelled my H1 in Aug 2008. It's been 19 months since then. Is there an statutory limit after the violation to file a complain? Also now it looks like he closed the company which was in NJ. The company was registered in DE and I worked for him in CA.
Cany Any Attorney/Member suggest?
Dear Friend,
We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.
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eilsoe
10-03 12:12 PM
Yep!! :P
About that, I wanted to place something on the left side.. just dunno what, and i changed yer bubbles to an aqua style instead, with a "big" color dodged glow...
looks weird...
About that, I wanted to place something on the left side.. just dunno what, and i changed yer bubbles to an aqua style instead, with a "big" color dodged glow...
looks weird...
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waitingmygc
05-20 09:07 PM
Hi,
My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.
As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
Is it possible to have EB2 category and old priority date without refiling new I-140 ?
Thanks.
My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.
As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
Is it possible to have EB2 category and old priority date without refiling new I-140 ?
Thanks.
arunmohan
05-12 03:58 PM
Can you pleas give your opinion for EB3-India?
jonty_11
07-05 12:46 PM
Maybe politicians involved - only when powerful politicians are involved such things happen - USCIS/DOS does not do such things on its own.
How about the fact that it was related to CIR to shut up the Legals asking for Ammendments in CIR, ,,,,as CIR fell apart, they took away our bait too.....
It seems too simple, but only makes sense...
Remember this has never happenned before in the history of VBs
How about the fact that it was related to CIR to shut up the Legals asking for Ammendments in CIR, ,,,,as CIR fell apart, they took away our bait too.....
It seems too simple, but only makes sense...
Remember this has never happenned before in the history of VBs
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