jonty_11
02-05 02:42 PM
Yedy - I would appreciate that you let a healthy discussion take place on these forums rather than posting wrong information and shunning out people. The community is here to help and there may be many in similar situations. I am talking to a lawyer even before you preached it. This is a forum to get second opinions and real life examples. I am sure no one here (including you) takes the advice from these forums literally and implements it
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bikram_das_in
04-13 02:44 PM
Congrats bro. Please keep contributing to IV.
simple1
10-07 03:36 PM
Enlighten us about your mutiple company stint in L1B visa.
My L1 visa is expiring on Nov5 2009 and If I have file my COS status in mid of oct and it's in pending status at the time of my L1 visa expiry date then will i be able to stay in US or do i have to go back india
Hi,
I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.
Is there any way that i can take legal action against this company in US because from last one week
they are harrassing my like anything.
Please let me know if anyone come across in this situation.
My L1 visa is expiring on Nov5 2009 and If I have file my COS status in mid of oct and it's in pending status at the time of my L1 visa expiry date then will i be able to stay in US or do i have to go back india
Hi,
I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.
Is there any way that i can take legal action against this company in US because from last one week
they are harrassing my like anything.
Please let me know if anyone come across in this situation.
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uma001
11-16 04:57 PM
Hi,
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
Is your green card filed under EB2 or EB3?
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
Is your green card filed under EB2 or EB3?
more...
thomachan72
06-04 08:30 AM
I am no expert but here are a few suggestions.
Your visa expiry date will correspond to the duration of stay originally requested in your I-129 and stated in the approved Labor C.
However, once you enter the US your attorney will file to extend your visa and your visa will be extended for another 3 years duration from Sept 2010 (when the current one expires). After that 3 year expires you will be eligible for another 2 years + months that remains out of the total 6 years possible.
I dont feel that you have to worry too much. The only problem is you will only have an approval notice after the Sept 2010. Once you leave the US, to reenter you will need to go to any consulate to get the visa stamped.
Welcome to the "immigration maze". When you walk through you will see people stuck, directionless and hopeless. Try to give them a hand. Rarely you will come across people who are "very optimistic" for no obvious reason. Try to get some optimism from them to keep you energized. Best.
Your visa expiry date will correspond to the duration of stay originally requested in your I-129 and stated in the approved Labor C.
However, once you enter the US your attorney will file to extend your visa and your visa will be extended for another 3 years duration from Sept 2010 (when the current one expires). After that 3 year expires you will be eligible for another 2 years + months that remains out of the total 6 years possible.
I dont feel that you have to worry too much. The only problem is you will only have an approval notice after the Sept 2010. Once you leave the US, to reenter you will need to go to any consulate to get the visa stamped.
Welcome to the "immigration maze". When you walk through you will see people stuck, directionless and hopeless. Try to give them a hand. Rarely you will come across people who are "very optimistic" for no obvious reason. Try to get some optimism from them to keep you energized. Best.
amoschid
07-18 04:01 PM
thanks for the answer buddy
1) Yes, 140K includes primary applicant,spouse and minor children.
woaaah.. that's a very little number.... :p
2) It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.
i see... thanks for the explanation,
this part still confused me though:
if i divide 140000 / 9800 = 14.28
that's only 14 countries, how was that suppose to work ?
also... let's use Japan & India again for example:
- suppose that India already used up to 9800 GC, and Japan only use 1500,
the 8300 GC (9800-1500) will remain unused ?
thanks again for the answer :D
1) Yes, 140K includes primary applicant,spouse and minor children.
woaaah.. that's a very little number.... :p
2) It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.
i see... thanks for the explanation,
this part still confused me though:
if i divide 140000 / 9800 = 14.28
that's only 14 countries, how was that suppose to work ?
also... let's use Japan & India again for example:
- suppose that India already used up to 9800 GC, and Japan only use 1500,
the 8300 GC (9800-1500) will remain unused ?
thanks again for the answer :D
more...
GCnew
06-13 03:30 PM
I may be wrong but I think the 180 day rule does not work anymore. USCIS has published a timeline for name check (for e.g., if you name check has been pending for say 1 year, it will be clearde by a certain date).
My understanding is that USCIS is no longer approving cases if the name check has not clearesd. So you might have to wait for new timeline before it gets approved.
Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)
Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.
My understanding is that USCIS is no longer approving cases if the name check has not clearesd. So you might have to wait for new timeline before it gets approved.
Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)
Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.
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md2003
04-02 09:35 AM
I see each Attroney has different opinion on PD retaing when previous employer cancel the i140.
Rajiv Khanna -- He always thinks we can carry PD.
Murthy -- Every week she gives different answers
Mathew oh --- He gave different answers
Susan --- She thinks We can carry PD. But i heard only one conference call.
Not sure which one is correct.
Rajiv Khanna -- He always thinks we can carry PD.
Murthy -- Every week she gives different answers
Mathew oh --- He gave different answers
Susan --- She thinks We can carry PD. But i heard only one conference call.
Not sure which one is correct.
more...
ravik904
12-14 09:05 PM
Hi All,
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
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indyanguy
06-29 03:08 PM
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
more...
airbusfan
05-19 09:14 AM
Pappu -- Is there anything i need to do besides sending the e-mail. I've sent the e-mail twice and its been a week since the contribution has made. I am by no means waiting desperately waiting to get access to donor forums but i am curious. Please let me know what i am missing. If the team is busy, may be IV should think about looking for more volunteers.
I also have access issue, but just since yesterday. Again like Rahul, I'm by no means desperate to have access to the forums, but would be nice. Please let us know if there is an issue that we can help out with in this regards!
I also have access issue, but just since yesterday. Again like Rahul, I'm by no means desperate to have access to the forums, but would be nice. Please let us know if there is an issue that we can help out with in this regards!
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gcpool
10-13 07:02 AM
Use the reply from Ombudsman's office and do an inquiry via your local senators office. Also call up central customer service and open a service request. (Get the number and info of the call like the timings and officers name). Finally if you date is current and is not getting picked up for adjudication. File a WOM.
more...
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seekerofpeace
08-22 02:25 PM
Any specifics on the interview? Were you asked any documents to submit? Was the interview for both the applicant and the dependent?
SoP
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wheretogo
12-08 11:55 PM
I am also in Minneapolis.
more...
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anilsal
12-13 12:01 PM
What on earth makes you legal to work with an expired Visa?
Expired visa stamp. His H1B approval petition with a new I-194 at the bottom provides his work authorization.
To answer your question, since you will need to get a visa stamp in India, it is better to check with the french consulate, as to whether you need one. Typically, the US visa stamp on the passport that has not expired is usually sufficient.
Expired visa stamp. His H1B approval petition with a new I-194 at the bottom provides his work authorization.
To answer your question, since you will need to get a visa stamp in India, it is better to check with the french consulate, as to whether you need one. Typically, the US visa stamp on the passport that has not expired is usually sufficient.
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kirupa
04-22 05:13 PM
I have added your treasure trove and "old school web design" stamps :) I think the text in some of the other stamps needs some work. More specifically, I'm seeing a lot of words. The good stamps I've seen use more visual imagery as opposed to text to convey information very quickly.
more...
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seattleGC
02-24 08:28 PM
I totally agree. There has to be some way to differentiate else we will be stuck in another retrogression with a few millions people in line.
Hi Guys,
In my humble opinion simple and easyway to distinguish ourselves from illegal immigrants is to have a premium processing for GC. What ever may be the solutions there will always be backlogs either in Labor or I140 or I485 because we are on the same track as millions of others..
From DOL perspective there is no benefit for them to process our applicatins faster than other applications..or they may simply be lacking resources to treat us as we want them to..
I don't think any high skilled professional would mind paying lilttle extra ( or significantly extra) if the process is certain and fast because once we have the GC we will not be at mercy of employers at the time of raises or need not be stuck in less paying jobs etc..
I request IV to incorporate this in their agenda.
Cheers
Hi Guys,
In my humble opinion simple and easyway to distinguish ourselves from illegal immigrants is to have a premium processing for GC. What ever may be the solutions there will always be backlogs either in Labor or I140 or I485 because we are on the same track as millions of others..
From DOL perspective there is no benefit for them to process our applicatins faster than other applications..or they may simply be lacking resources to treat us as we want them to..
I don't think any high skilled professional would mind paying lilttle extra ( or significantly extra) if the process is certain and fast because once we have the GC we will not be at mercy of employers at the time of raises or need not be stuck in less paying jobs etc..
I request IV to incorporate this in their agenda.
Cheers
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jonty_11
02-05 11:59 AM
I have a old EB3 PD Sept 2003 with Company A , and a new EB2 and I140 approved from Company B.
Can I ask my old company to file for I140 so that I may use the Old PD.
How can I bear the expenses of the USCIS and attorney's fees, given I am not working at company A.
Any clues would help.
Can I ask my old company to file for I140 so that I may use the Old PD.
How can I bear the expenses of the USCIS and attorney's fees, given I am not working at company A.
Any clues would help.
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guy03062
08-20 07:16 PM
PD EB-2 Inida: June 2005
I-140 AD: July 6, 2007
I-485 RD: July 2, 2007, NSC
I-485 ND: Aug 1, 2007, NSC
I-485 AD: ??
I-140 AD: July 6, 2007
I-485 RD: July 2, 2007, NSC
I-485 ND: Aug 1, 2007, NSC
I-485 AD: ??
hopesoon
09-02 12:39 PM
I am EB3 (Aug 07) because of my lawyer�s mistake; but in June they asked for further medical testing, it can be a good sign they are looking into EB3.
sunnymit
02-17 04:19 PM
Where does one get this document that you have posted here?
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