Friday, June 10, 2011

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  • vin13
    12-08 04:56 PM
    Hi!

    I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)

    I am leaving many opportunities just to be with my sponsor for this six months!

    Please guide.

    Thanks,

    Raj

    The lawyers usually advise you to stay with the company for 6 months if you can. In your case, the employer is not willing to pay. So do you really have a choice here?

    It may be easier to convince the officer that you moved on to another job (maybe similar kind) rather than having a situation where the sponsoring employer was not willing to pay.

    When you are trying to make such important decisions, do not just rely on responses from blogs/forum. Consult a immigration lawyer for a few hundred dollars.





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  • tabletpc
    09-03 09:48 AM
    Thanks everyone....I will look in to all options...!!!





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  • garfield_x
    03-05 01:53 PM
    eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....





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  • kabeer_g
    08-10 03:39 PM
    You are right that to get registered in US I would have to marry in US. That's why I was asking if I even need to get it registered in US to file for my green card. Response I got on this forum was Indian registration certificate is fine.

    I want to restate that I got my green card on August 9th 2010. So I need to be married prior to this date for my wife to derive her green card status using mine.

    Thanks,
    Dinesh



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  • sprobir
    09-23 12:19 AM
    I would be willing to join your chapter too - good we are doing something in Oklahoma. I will email you at raydhan@hotmail.com





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  • reddymjm
    08-07 09:55 AM
    you made my day.....it was so funny

    It was Funny....



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  • ramaonline
    06-12 07:46 PM
    Can I change the employer after I get my 3 year extension on H1 ?

    The 3 year extension of h1 also allows portability - so emp change is ok.

    2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?

    Yes - gc is a future job offer - ur previous 140 can be used for h1 status extensions

    3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
    Yes - once u have an approved 140 ur pd can be ported to any new gc applications

    4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?

    there is no such requirement - i guess ur asking if u start the gc thru new emp in 6th year can u get extn? in this case u can use the old 140 approval and request 3 year extn, or if u get the new approval use that instead





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  • gcseeker2002
    11-05 02:50 PM
    I called UScis Customer support and they said that as of today they are approving EADs with notice date July 2nd, so I should wait another few weeks for my EAD, so EAD will take 5 months or more for me :(



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  • addsf345
    02-24 06:47 PM
    The title of this thread should be: "God of Cricket".

    Don't believe me... Just Google (http://www.google.com/search?hl=en&source=hp&q=God+of+Cricket&aq=f&aqi=g1g-m2&aql=&oq=) with these words.:)





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  • jayleno
    10-03 01:27 PM
    Guys...have a nice weekend. Can you tell that I'm trying not to say "Bump"???:)



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  • Wish_Good
    05-07 01:00 AM
    Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?

    -cheers
    kris

    Hi Krishnam70,

    Here is my complete details:

    Company A:
    I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
    Labor approved Dec, 2006.
    I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
    which we responded in time and USCIS received on Dec 5, 2007)
    I-485 applied in Sep 2007
    Got EID and Advance parole approved.
    I-140 Denied on Apr 3 2008.
    I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
    Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
    Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).

    Company B:
    This Company applied for my Labor (Perm) on Apr 21, 2008.
    Got Approved on June 24, 2008.
    H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
    Joined this company in Aug 2008
    I-140 approved with this company Jan 2009.
    Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
    Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
    Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.

    Thanks
    Wish_Good.





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  • regacct
    09-07 08:34 AM
    Hello,
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
    Thanks.

    Do you have a valid AP?
    If not, how is it possible to enter the country?



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  • gcnirvana
    04-05 06:54 PM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3169.html

    Its up but not running (I meant the numbers) :D





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  • peacocklover
    10-08 08:10 AM
    Quite typical - on the one hand mouths off against illegals, but on the other hand employs them, I presume at below minimum wage with no benefits. And these are the people who want to be President of this country. Dobbs is nothing but a low life.



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  • jkays94
    05-26 05:02 PM
    I'm puzzled that there has been a slow reaction to the Bernie Sander's killer amendment that was disguised as a scholarship fund which has always been there and has benefited many Americans and the National Science Foundation. None of the faxes have been amended neither have the emails, we're asking for good things which are only likely to benefit a few but leave many others in peril. We need to find a way to cushion the effect of this amendment and at the same time highlight that the H1 program is not what it has been vilified to be.

    Since the U.S. government imposed a $500 training and scholarship fee on H-1B skilled foreign-born professionals hired by employers, U.S. companies have paid more than $1 billion in fees that have funded more than 40,000 scholarships for U.S. students in math and science. The fees obtained from employers have also funded hands-on science programs for 75,000 middle and high school students and 3,000 teachers. In addition, more than 55,000 U.S. workers and professionals have received training through the H-1B fees paid by companies.


    Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)





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  • sanju_dba
    01-07 02:17 PM
    i see the estimate tool is showing
    max weekly is $415
    max benifits is $10k

    I thought it was like 1/2 of your salary.



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  • mrane1
    05-04 11:52 PM
    I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
    Also what docs should be send after efiling, if any?





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  • waitin_toolong
    09-17 10:52 AM
    I dont understand your first question, what do yo mean be switch to company A using EAD as well as on H1 for B.

    you cannot use both H1 or EAD at the same time.

    If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
    As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work





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  • gcseeker2002
    08-27 04:56 PM
    I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I'm the primary applicant and in EB3 category. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?

    this is very important.
    Sad to see this friend. I dont think it affects principal candidate's processing but dependant's processing may be in trouble.





    leoindiano
    09-06 03:27 PM
    AmericanDesi,

    you hit the nail on its head.

    USCIS online processing for EAD and AP is delayed by 2 to 3 months compared to paper filing. Online filing was to make it transparent, expedite the process. It is working exactly opposite.





    ajay
    12-31 09:58 AM
    Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.

    Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
    I got it.

    Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?



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