meridiani.planum
04-06 02:34 AM
inline...
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
go_guy123
05-06 09:07 PM
Dear IV Members,
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
Why are u putting unrelated stuff here. You can always consult a lawyer for lawsuit
if u feel. Ofcourse nothing is free. U will need to pay a lawyer for that.
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
Why are u putting unrelated stuff here. You can always consult a lawyer for lawsuit
if u feel. Ofcourse nothing is free. U will need to pay a lawyer for that.
maine_gc
04-20 12:11 PM
So do i need to go to any International airport that has immigration services or the local USCIS office can help?
kutra
07-21 04:04 PM
Why does USCIS want TB test done? Many countries like India have BCG vaccination administered at childhood thus preventing TB. However, such people will show a false positive if administered a skin test for TB.
This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.
True, however...
USCIS SOP clearly states that a TB SKin test is required. Last year during the July fiasco, I remember Murthy had an article that said if you ONLY submit a chest x-ray, you will still get a RFE (despite chest x-ray being normal) for not performing the skin test.
Ironical, isn't it, how and why the IOs suddenly decide to go by the book! FIFIO is also a part of the SOP, but you know the rest... ...!
This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.
True, however...
USCIS SOP clearly states that a TB SKin test is required. Last year during the July fiasco, I remember Murthy had an article that said if you ONLY submit a chest x-ray, you will still get a RFE (despite chest x-ray being normal) for not performing the skin test.
Ironical, isn't it, how and why the IOs suddenly decide to go by the book! FIFIO is also a part of the SOP, but you know the rest... ...!
more...
tabletpc
11-30 12:37 PM
MUGWUMP,
Thanks for sharing you are expereince.
I just sent my application. I also claimed for 16 points. I have indian BS degree and US MS degree both in CS. Can i anticipate any request for more information from consulate..???
I felt kind of ashmed today after mailing the application. it took me not more than 30 mins in total to finish the application and i was dragging this from almsot 1+ years.
Most of the time things are not as difficult/time consuming as we assume it to be. Lesson learnt...!!!
Thanks for sharing you are expereince.
I just sent my application. I also claimed for 16 points. I have indian BS degree and US MS degree both in CS. Can i anticipate any request for more information from consulate..???
I felt kind of ashmed today after mailing the application. it took me not more than 30 mins in total to finish the application and i was dragging this from almsot 1+ years.
Most of the time things are not as difficult/time consuming as we assume it to be. Lesson learnt...!!!
PD_Dec2002
07-13 03:27 PM
Hi:
Why and how do members get those green and red squares when they post messages? I do know red squares are bad since a mouseover shows the text that the member has had some bad behavior. However, I have seen various texts for green squares. Mine says "I'm on a distinguised road"...I had no idea I was on one, but I sure do hope it ends with a Green Card in hand! :)
Anyway, does anyone know all the different variations of text for green and red squares and how do they change for different members?
Thanks,
Jayant
Why and how do members get those green and red squares when they post messages? I do know red squares are bad since a mouseover shows the text that the member has had some bad behavior. However, I have seen various texts for green squares. Mine says "I'm on a distinguised road"...I had no idea I was on one, but I sure do hope it ends with a Green Card in hand! :)
Anyway, does anyone know all the different variations of text for green and red squares and how do they change for different members?
Thanks,
Jayant
more...
jonty_11
06-16 02:04 PM
Thank you rsdang..
No reason to be shy IVians. The person at the other end of the line is human just like you and it is a part of their job to take our messages and convey them to the representatives.
Making phone calls is crucial to this process....just do your part...and leave the rest to IV.. They are forcefully pursuing our interests...Please call !!!!!!
No reason to be shy IVians. The person at the other end of the line is human just like you and it is a part of their job to take our messages and convey them to the representatives.
Making phone calls is crucial to this process....just do your part...and leave the rest to IV.. They are forcefully pursuing our interests...Please call !!!!!!
satyasaich
01-31 12:51 PM
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I work for a good consulting company, completed 3 years in that company.
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
My suggestion would be to contact Murthy.com or Rajiv.s.Khanna to double check what i said
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I work for a good consulting company, completed 3 years in that company.
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
My suggestion would be to contact Murthy.com or Rajiv.s.Khanna to double check what i said
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
more...
vinzak
01-07 12:02 PM
Just wanted to bump this post in case people missed it. I'm surprised it didn't receive more attention.
We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.
What u think guys?
We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.
What u think guys?
kumargn
11-15 08:24 PM
I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..
more...
harrydr
01-06 08:05 AM
Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.
So just wanted to understand if this was even legally possible.
So just wanted to understand if this was even legally possible.
TheCanadian
11-26 04:38 AM
I will? That's surprising!
oh you minx you
oh you minx you
more...
mihird
09-17 11:57 PM
I will tell your first hand, the path to becoming a doctor is TOUGH...
You will need a lot of brains to clear those USMLE exams
You will need a lot of money to appear for those USMLE exams/residency interviews
You will need a lot of patience since it takes a minimum of 2 years to be able to apply.
Here's what you do.
My wife was here in the US on a H4 the past 2 years while she did all her prep work/exams etc., but assuming your brother is in India.
1. Give USMLE Step 1 & Step 2 exams - they are conducted in India
Each one takes about 6 months of prep time and
shoot for a score in the upper 80s or preferably 90s - very
few people get such high scores..
2. Then one needs to get a B2 visa to appear for Step 3
Step 3 is only conducted in the US
(You WILL need the Step 3 cleared for H1 sponsorship)
Good luck getting that B2 - plenty of people are
denied this B2 in India - if you can't get this B2, that's
the end of the game.
3. Once you clear all the steps you need to apply through ERAS
for a nationwide match for residency.
4. Spend hoardes of money to travel to each hospital that
invites you to an interview.
5. Wait for the ERAS match results to be out.
If you are lucky you would have matched somewhere. Your hospital files a H1 on your behalf and you wait for the approval. Once you get the approval, you become a resident doctor. 4 years in residency...and then you are a doctor..
To make this long story short, lots of effort, lots of money and lots of patience is what it all takes...
You will need a lot of brains to clear those USMLE exams
You will need a lot of money to appear for those USMLE exams/residency interviews
You will need a lot of patience since it takes a minimum of 2 years to be able to apply.
Here's what you do.
My wife was here in the US on a H4 the past 2 years while she did all her prep work/exams etc., but assuming your brother is in India.
1. Give USMLE Step 1 & Step 2 exams - they are conducted in India
Each one takes about 6 months of prep time and
shoot for a score in the upper 80s or preferably 90s - very
few people get such high scores..
2. Then one needs to get a B2 visa to appear for Step 3
Step 3 is only conducted in the US
(You WILL need the Step 3 cleared for H1 sponsorship)
Good luck getting that B2 - plenty of people are
denied this B2 in India - if you can't get this B2, that's
the end of the game.
3. Once you clear all the steps you need to apply through ERAS
for a nationwide match for residency.
4. Spend hoardes of money to travel to each hospital that
invites you to an interview.
5. Wait for the ERAS match results to be out.
If you are lucky you would have matched somewhere. Your hospital files a H1 on your behalf and you wait for the approval. Once you get the approval, you become a resident doctor. 4 years in residency...and then you are a doctor..
To make this long story short, lots of effort, lots of money and lots of patience is what it all takes...
.JPG "cute quotes for oyfriend. i")
gcseeker2002
05-13 10:41 AM
Does anyone have access to this article :
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
more...
Prashant
05-28 06:26 PM
Hello,
I have recently taken an appoinment at chennai consulate for nov.. I had been looking into these dates for some time .. The website was showing october dates 2 weeks ago and once in a whle sept dates .. but recently they moved on to nov dates .. I guess oct dates might be full .. but could open up now and then as people withdraw and reschedule appoinments .. as of now i guess nov dates are available for appoinment
I have recently taken an appoinment at chennai consulate for nov.. I had been looking into these dates for some time .. The website was showing october dates 2 weeks ago and once in a whle sept dates .. but recently they moved on to nov dates .. I guess oct dates might be full .. but could open up now and then as people withdraw and reschedule appoinments .. as of now i guess nov dates are available for appoinment
bbenhill
07-09 05:15 PM
PM me ur email address. I will send u the reply via email :-)
Thx
1. My parents included their Indonesian bank statement in rupiah. And they went to US embassy in Jakarta, their hometown. Does it make a difference to go to other city after they got rejected twice? If so, which one?
2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.
Please let me know your advice. Thank you so much.
Thx
1. My parents included their Indonesian bank statement in rupiah. And they went to US embassy in Jakarta, their hometown. Does it make a difference to go to other city after they got rejected twice? If so, which one?
2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.
Please let me know your advice. Thank you so much.
more...
gparr
November 25th, 2005, 09:45 AM
The first one says "delicate, little flowers" better than the second one. However, as has been mentioned, both shots need considerably more depth of field to be effective. In fact, the second one doesn't work at all for me. As for the first shot, the blown out bloom is distracting. Some kind of diffuser would have helped even out the light. I always find it difficult to shoot these flower clusters because they require more DOF than you think, but it's hard to know when to stop so that the background stays out of focus and doesn't start to compete with the flower cluster. Try a series of shots starting with an aperture in the f/25 range and backing off in one-stop increments then evaluate the series to see which one works best. Also, try a shorter tube and/or just the lens, if it will focus close enough. Whatever you try, please post the results. This is the kind of photographic challenge I love and what you learn will help me, and others I hope, when the flowers bloom again in the spring.
Gary
Gary
makemygc
06-14 10:52 AM
Guys,
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Lets use this thread for I485 and H1 Ext queries. Anil can you change the title to look like this "All I485 and H1 Ext Issues related postings here".
I also have a similar question. I've to file for 3 yr H1 ext on basis of approved I-140. Immigration-law.com says that there could be an issue with that:-
*************************************************
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease.
***************************************
Can someone has done this earlier and can put their experience in. Please.
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Lets use this thread for I485 and H1 Ext queries. Anil can you change the title to look like this "All I485 and H1 Ext Issues related postings here".
I also have a similar question. I've to file for 3 yr H1 ext on basis of approved I-140. Immigration-law.com says that there could be an issue with that:-
*************************************************
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease.
***************************************
Can someone has done this earlier and can put their experience in. Please.
smuggymba
10-06 02:33 PM
u can find mmnay threads on this website for these H1-B audit visits. You should be ok as long as you provided truthful info.
raju123
07-18 12:53 PM
The Gandhi's philosophy indicates the peaceful protest against obvious injustice. The USCIS/DOS decision to stop accepting I 485 from July 2 was the obvious injustice due to couple of reasons; First, it is un precedent and legally not right to stop accepting I 485 when they made big weekend rush to use all visa. Second, No one can suddenly on and off as thousands of people preparing stuff in advance based on the visa bulletin.
We can not use Gandhigiri for increasing visa number or expediting their immigration process. We can only request. it is not our right hence sending flower to PERM agency is not a good idea. Brahmastra (ultimate weapon) can be used at appropriate time only!
We can not use Gandhigiri for increasing visa number or expediting their immigration process. We can only request. it is not our right hence sending flower to PERM agency is not a good idea. Brahmastra (ultimate weapon) can be used at appropriate time only!
senk1s
05-08 02:29 PM
1. This is debated a lot - some attorneys feel send it only when they ask for it, some say it is better to send letter proactively
2. For these apps there can be a new attorney - i think the old G-28 for 485 will still be effective/ valid
3. As of now - it should be similar and subject to interpretation
4. Proferred wage is considered the minimum requirement - so i think it should be ok. But i dont know for a big jump
2. For these apps there can be a new attorney - i think the old G-28 for 485 will still be effective/ valid
3. As of now - it should be similar and subject to interpretation
4. Proferred wage is considered the minimum requirement - so i think it should be ok. But i dont know for a big jump
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