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  • sat2010
    03-05 11:23 AM
    Congratulations All , good to know that eb3 to eb2 case is going through.

    what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .

    Thanks in Advance .





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  • kaisersose
    07-17 10:44 PM
    Today is a great day in IV history!

    We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.

    My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?

    Anyone with experience please help.

    Thanks in advance!

    Same as my case. This is not a problem. You can either send in her vaccine reports when she gets them or else USCIS will issue an RFE and you can send the reports as part of the response.





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  • austindesi
    07-15 12:10 PM
    Count me in -- from Austin, Texas





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  • sweet_jungle
    11-17 12:26 AM
    it is the primary applicat's status which matters. spouse can be on any non immigrant status to file for I-485.

    Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.

    The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.

    In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.



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  • vikki76
    05-24 02:50 PM
    Interesting you brought this up. I am alumni of RPI and take great interest in current college activities.Read this in their this month's alumni magazine


    "For several years President Shirley Ann Jackson has been warning of a looming gap in the science and engineering workforce,driver primarily by three factors.Those who responded to President John F Kennedy's historic call to action following launch of the Sputnik satellite and became the scientists and engineers whose work has fueled the US economy for a generation are on the verge of of retiring numbers.

    As a nation of immigrants,the United States has relied on students,professors,and researchers who came from abroad to study and remain ,but in a "flattening" world offering expanding opportunities,their numbers are decreasing.In addition,not enough young people in this country are being excited and prepared to pursue careers in science and engineering.
    These factors,in combination with the decreasing federal commitment to funding basic research,are what President Jackson describes as "quiet crisis"
    "It is quiet because it takes decades to educate a scientist,mathematician, or an engineer,so the true impact unfolds only gradually,over time", says President Jackson.

    "It is a crisis because the discoveries and innovations of our science and engineering workforce create the new opportunities and industries which keep our economy thriving,provide for our security, and mitigate the global scourges that breed suffereing and global instability."


    Disclaimer: RPI has vested interest in fueling growth in undergraduate technical program. It is a very small private college,focussed exclusively on engineering and science programs.There are no arts or history major offered.





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  • logiclife
    07-11 11:18 AM
    This is from Rajiv Khanna's Immigration.com (http://www.immigration.com/common/synergybackpay.html), found today.

    Employer to be barred for two years from H-1 and green card filing for willful failure to pay benched employees.

    In a decision entitled "Administrator WHD v. Synergy Systems, Inc." on June 30, 2006, the employer was ordered to pay back wages to two benched (Indian) employees and was directed to be barred from the H-1 AND green card programs for two years. The employer tried to argue that the employees were on unpaid leave of absence. This argument was rejected. It was found that employer had willfully violated H-1B regulations, hence it must be barred from the H-1 and green card filing for at least two years.

    What this tell us is:

    1. Its really not a joke to go around benching people without pay.
    2. All it takes its an official complaint to be filed with Department of labor. And although it takes time, the department of labor would go after such employers and do the neccesary "Treatment" and "therapy" needed to teach such employers a lesson.
    3. It is not the employee's fault if they are not paid wages for the time they spend when they are non-productive, aka, illegal benching-without-pay. Employee's responsibility to find a gainful employment starts ONLY AFTER the employer officially terminates the employee and send USCIS the notice to revoke H1. After that, its the employee's responsibility to maintain status and legality.

    Employers like Synergy are not only a menace to their own employees, they are also a menace to the entire system. The anti-immigrants cite such employers to make their case for their own cause by saying that "H1Bs are exploited and H1Bs are slaves and H1Bs and immigrants are driving down wages". When in reality, H1B employees most earn the same amount or more amount than any other employee on greencard or citizenship. Such few bad apples really provide examples for our opponents on other side to create new sound bites. These are the guys who put us in trouble and provide fodder to Lou Dobbs and programmer's guild(organization against hi-tech immigration).

    I am disappointed that they are barred only for 2 years. Coz after 2 years, I can guarantee that they will be probably back to their old tricks. There is such a thing called RECIDIVISM. A tendency to revert back to previous pattern of bahavior. Pretty much like a dog's tail. No matter how long you keep a dog's tail in a straight tube, as soon as you take it out, it regains its original shape.

    However, 2 years is still 2 years. And I am going to toast to that. CHEERS !!!!!!!!!! :):)

    If anyone here has been an employee of Synergy or is still an employee, you may want to take appropriate steps to change your employer and check the consequence to your immigration status and GC status.



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  • sai
    03-26 06:22 PM
    thanks for the info. Sounds interesting.





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  • HumHongeKamiyab
    03-16 01:12 PM
    Coming back to my original question: does anyone see any problem in this? Assuming my company answers any RFE raised by USCIS. Any thoughts?

    Thanks a lot.

    I am a primary applicant of GC. My question is can I take an unpaid vacation (for upto 6 months). FYI, My PD is EB3 - Aug 2003.

    Does that affect my GC status in any way?

    Thanks,



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  • sk.aggarwal
    04-05 04:05 PM
    Thanks, just got a call from HR. They have got PWD for me.





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  • freedom2007
    10-22 04:26 PM
    Yup completely agree with Frostrated..
    Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's



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  • vijayam
    09-18 10:53 AM
    Hi immilaw member,

    Thank you for the response, but my situation is.....

    1. My diploma certificate will be dated somewhere around December,2006.
    2. My H1B approval notice says my H1 is valid from October-1, 2006.
    3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.

    So now my questions are....

    a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?

    b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?

    Please suggest.





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  • some_guy
    07-17 05:37 PM
    Great news...... Keep going IV



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  • vallabhu
    06-15 09:10 AM
    contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.





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  • dixie
    07-03 10:23 AM
    If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.

    I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?

    I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.

    Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!



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  • maverick_joe
    05-05 04:20 PM
    when did you file your 485? I really woudnt balme you for calling multiple times..but if its been 60 days since the current processesing dates(check the processing date of the service center you filed your case at) then there is absolutely no harm calling them to check the status.

    Finally, I am current now, I spoke to IO today again ( Again means I call them every month, every week atleast once & So far I got Nice IO's)
    She said your case is in current processing time, has not been yet assigned to any officer. checked all the status NC/SC/FP, everything is clear, just waiting for an officer to be assigned. call back after 15-20 days If I dont get any response.

    I wanted to know that what impact does one have for calling IO's multiple times.

    EB3, Oct'01
    485- Jun 1st 07
    No LUD's since Aug ( Address change)
    Applied for 2nd AP & EAD last week.





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  • sai
    05-25 06:49 AM
    sent



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  • wellwisher02
    03-29 09:37 PM
    Hello All,

    I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following

    1 ) My H1B visa expired on 12/09/2006 from Company A
    2) I have I94 from Company B and I want H1B visa from Company B

    In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".

    I am from India and I going to Canada on Visitors visa.

    Please let me know.

    Thanks,
    SG


    ---
    As far as I believe, you should not have any problem whatsoever in getting your H1B visa from Company B stamped in your passp
    ort. You need to carry all relevant documents related to H1B (including old H1B approvals, old passport (if any), employment credentials, proof of address, W2 forms, etc) so that you're not caught unawares during the H1B visa validation process. Before you board the flight back to the US with your new H1B visa, the US Immigration/Customs counter will issue you a new I-94.

    God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.

    On "issue visas for residents of our Consular district and for state-side revalidations only", I'd suggest you call up the US Consulate to make it doubly-sure you do not run into any issue.

    I had been to Vancouver, Canada a couple of times to get my H1B visa stamped. On both occasions, the H1B visa stamping was successful.





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  • bogy
    05-25 01:52 AM
    yep, thats why I am planning to do a masters. If all else fails.. migrate to canada :D





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  • eb_retrogession
    01-09 09:56 AM
    The past couple days, I've had this very strange experience. Several of the affected people GREATLY appreciate the efforts being done by ImmigrationVoice and strongly support us (by words). This is all good encouragement. But for monetary contribution, even though the promise is made, they want to take some time to think about it.

    Now, Think about what?? If this was some kind of an ad campaign or a puppet show, I did understand. The bottomline is either we get support from affected folks and stand a chance by involving lobbyist, media etc with full force, OR we just keep busting our butts and no money comes up, and we will be where we are 2 years from now.

    There are some more folks that contributed SOME money and said they are willing to contribute again later. Fair enough. Only issue is we are running against the clock. It would be a pity if we get all the support in the world a little too late.

    My guesstimate is that there are about 350K to 400K people affected by retrogression. As of yesterday, around 50 people have come forward with monetary contribution for the cause. Even though we have done progress by collecting about $8,500, this isn't cutting it. I am hard pressed to understand why affected people prefer to just wait and pray for the best, rather than taking the bull by the horn and try your best.

    In our presentations to the lawmakers, we say, EB workers add so much value to the economy and have so much to contribute to this country. How about contributing something for ourselves for once? then maybe you'll have a chance to do the aforementioned contributions!!

    I hope people don't regret not helping when the window was atleast slightly open, after it has been shut on their faces. Come May/June, election activities take precedence, don't expect anything to happen second half of this year.

    I hope EVERYONE on here understands the importance and significance of acting RIGHT NOW.

    I, for one, can sleep well at night, thinking that I did all I can.

    contribute at www.immigrationVoice.org





    nayekal
    02-16 03:01 PM
    I don't understand ur reply. I haven't asked question of maintaining legal status. I am maintaining legal status. My question is very simple.
    What documents are required for COS from H1 to H4?
    Where is this question of maintaining legal status coming from?

    I may not be able to answer your question directly, but I faced the same dilemma about wife's H1. I got her H1 changed to H4 by applying I-539. This process is very easy and it too my wife 2 months to get the approval.

    If you are going out of country and try to re-enter US, with COS, it may not be an easy thing right now. It is getting tough these days, since it involves Visa stamp as well and they might ask too many documents from you and your husband. Even though you guys are legal and have got all documents, still it might be a trouble.

    My opinion would be to apply for I-539 and after that reciept, you don't have to work. You will get approval much easier (H1 to H4) compared to H1 to H1 transfer.





    alanoconnor
    04-10 07:29 PM
    http://www.ows.doleta.gov/foreign/faqsanswers.asp#refile3

    REFILING

    Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
    Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.

    NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.

    NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.



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