Green.Tech
09-24 01:47 PM
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
Seba,
If you don't plan to start your GC process for the next few years (waiting to enroll in an MBA program), how do you intend to extend your H-1 beyond the alloted 6-year time frame?
Seba,
If you don't plan to start your GC process for the next few years (waiting to enroll in an MBA program), how do you intend to extend your H-1 beyond the alloted 6-year time frame?
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reallow23
09-28 09:49 PM
Hello Everyone,
Thank for all your help..My case have been pending over a year now of the due date......So can I file the Mandamus????
Thank for all your help..My case have been pending over a year now of the due date......So can I file the Mandamus????
g03
05-16 10:29 AM
John Kyl from Arizona wants to put an amendment to make "current legals ineligible for this benefit for this if they go out of status from now on".
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mammoy2k
11-12 05:56 PM
I wouldappreciate if any of you could shed light on the following scenario:
If485 i spending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.
Thanks
If485 i spending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.
Thanks
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immidude
07-13 10:34 AM
I suggest to wear suits (black,grey,brown ,..yaa dark) this way it looks organized and looks diffrent to draw attention.
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{ and in this way bayarea guys can utilize their old suits :) }
gcisadawg
05-11 12:51 PM
Guys,
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
There are so called 'executive lounges' in Mumbai airport. There is a good possibility of having them in Delhi Airport also. Check while you are waiting. They have people all over hawking these services. They charge around 30 to 50 USD per person.
I tried one in Mumbai airport. I paid the money, went to the shower and didnt find hotwater. When I checked they said "it is out of order"..So much for the executive lounge! I took my money back and came out!
GCisaDawg
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
There are so called 'executive lounges' in Mumbai airport. There is a good possibility of having them in Delhi Airport also. Check while you are waiting. They have people all over hawking these services. They charge around 30 to 50 USD per person.
I tried one in Mumbai airport. I paid the money, went to the shower and didnt find hotwater. When I checked they said "it is out of order"..So much for the executive lounge! I took my money back and came out!
GCisaDawg
more...
ImmigrationAnswerMan
07-24 12:58 PM
rsharma:
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
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clear485
06-08 01:53 PM
I did think about doing it this way, but it didn't feel the "right thing to do"...
I spoke to my lawyer on what to do , but I'm not getting a straight answer.
Do you guys recommend a lawyer that would be able to help?
I checked Murthy.com and she asks for $250/20min of consultation... Is she that good? Should I consider calling her?
I did consult Murthy....she is good and will give you better solution....few of my friends used her law firm and resolved few complex queries....I have heard from my friend she is very good at document preparartion for real complex problems...
My suggestion is, better go to her office if you are in tri-state area....if you use her service then she will waive $250 in legal fee....
I spoke to my lawyer on what to do , but I'm not getting a straight answer.
Do you guys recommend a lawyer that would be able to help?
I checked Murthy.com and she asks for $250/20min of consultation... Is she that good? Should I consider calling her?
I did consult Murthy....she is good and will give you better solution....few of my friends used her law firm and resolved few complex queries....I have heard from my friend she is very good at document preparartion for real complex problems...
My suggestion is, better go to her office if you are in tri-state area....if you use her service then she will waive $250 in legal fee....
more...
letstalklc
10-07 10:37 AM
Is there anything specific that can be done after 15 months? I was justing waiting for someone to look at my case at DOL. Can you please shed some more light on this?
I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.
Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.
Thanks.
If your case is not filed by Fragomen and if it's passed 15 months period you can ask your lawyer to enquire about your case status, the DOL informed in the stake holders meeting to AILA no's that they are welcomed enquires to the cases that has been passed 15 months time period...for more information you can see in this web site under labor audit's endless delay thread (this is in the section of labor processing)
Final conclusion - if your case is pending for more than 15 months and not filed by fragomen you can ask your employer to enquire about it.
I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.
Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.
Thanks.
If your case is not filed by Fragomen and if it's passed 15 months period you can ask your lawyer to enquire about your case status, the DOL informed in the stake holders meeting to AILA no's that they are welcomed enquires to the cases that has been passed 15 months time period...for more information you can see in this web site under labor audit's endless delay thread (this is in the section of labor processing)
Final conclusion - if your case is pending for more than 15 months and not filed by fragomen you can ask your employer to enquire about it.
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Juan28210
11-06 11:48 AM
Thanks FinalGC!
Yes, I have that paid health benefits clause in my contract that I would use as counter-attack to my employer if they ever get back to me.
Yes, I have that paid health benefits clause in my contract that I would use as counter-attack to my employer if they ever get back to me.
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vamsi_poondla
09-10 11:30 AM
Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.
Is AC-21 absolutely safe? I think most concurrent filers have to wait at least an year until their I-140 gets through.
Is AC-21 absolutely safe? I think most concurrent filers have to wait at least an year until their I-140 gets through.
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kaisersose
07-27 07:47 PM
Is your question about Approved 140 or Pending 140.
I am also curious to know.
As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
Bad but what can we do ???????
Why would your employer do that unless you did something inappropriate?
As long as the employee does not not step out of line. He has nothing to worry. In this case, the only problem is layoffs for unavoidable reasons in which case it is not the employee's fault. In such situations, the employer will not revoke the 140.
I am also curious to know.
As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
Bad but what can we do ???????
Why would your employer do that unless you did something inappropriate?
As long as the employee does not not step out of line. He has nothing to worry. In this case, the only problem is layoffs for unavoidable reasons in which case it is not the employee's fault. In such situations, the employer will not revoke the 140.
more...
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desi3933
05-14 01:33 PM
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
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mbartosik
08-20 06:35 PM
I'm a UK citizen (waiting for GC), and one obversation that I have is:
If you are very good in your profession odds are that you'll suceed in either country. But if you are average (and by definition most are) then you'll be at a disadvantage with respect to the locals when you go somewhere new, especially if you don't have good contacts.
So I'd recommend thinking dispassionately about how good you are at your profession, and just as importantly how well that comes across in resume or interview. Do you have good contacts in UK?
I'm not sure if "indefinite leave to stay" gives you access to the whole EU, but it's a path to UK citizenship which does give you access to the whole EU job market (language barriers permitting). It does suck that UK gov effectively retrospectively changed the rules for "indefinite leave to stay", but at least in UK there is an end date (unless they push it out each year). Here for some there is no obvious end date for the waiting.
I also think that "indefinite leave to stay" may have a few strings (like GC six month in country requirement).
If you are very good in your profession odds are that you'll suceed in either country. But if you are average (and by definition most are) then you'll be at a disadvantage with respect to the locals when you go somewhere new, especially if you don't have good contacts.
So I'd recommend thinking dispassionately about how good you are at your profession, and just as importantly how well that comes across in resume or interview. Do you have good contacts in UK?
I'm not sure if "indefinite leave to stay" gives you access to the whole EU, but it's a path to UK citizenship which does give you access to the whole EU job market (language barriers permitting). It does suck that UK gov effectively retrospectively changed the rules for "indefinite leave to stay", but at least in UK there is an end date (unless they push it out each year). Here for some there is no obvious end date for the waiting.
I also think that "indefinite leave to stay" may have a few strings (like GC six month in country requirement).
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micofrost
07-16 05:59 PM
AILA/AILF
Another mess in creation or what. Whatever AILA/AILF is publishing is in stark contrast to IV and others.
What the hell is happening. I would love to believe IV but would hate to ignore AILA. IS AILA screwing up because they need some financial reimbursement too. From their press release, looks like we have a long ride ahead.
Another mess in creation or what. Whatever AILA/AILF is publishing is in stark contrast to IV and others.
What the hell is happening. I would love to believe IV but would hate to ignore AILA. IS AILA screwing up because they need some financial reimbursement too. From their press release, looks like we have a long ride ahead.
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krishna_brc
05-30 07:11 AM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
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GLIX
02-22 06:14 AM
it was already at july 13, 2006, now it's back at june? how could that happen?:confused:
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srikanthmavurapu
08-16 12:29 PM
Hi ,
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
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pitha
06-11 06:37 PM
Even though this is your first post ever you are right, so you seem to understand things much better than people who have been following this forever. There are no favaroable amendments for us, the "good news" so far is proposed amendment from Collins which is going to abolish consulting for H1!!!!!!!!!!!! This is the sort of favorable amendmnets which will keep comming if the CIR comes back and on top of this, the reporter who wrote about this amendmnet, says that this brainwave amendment came after Microsoft CEO Steve Balmer met with Kyl!!!!!!!!!!
The moral of the story is, such "good" amendments will keep comming if tech industry keeps lobbying for us :mad:
Lets hope cir dies and if not then start opposing CIR
I seriously doubt if they will introduce favorable GC amendments in the next round.The focus is on the illegals and we will get negatively affected in the process. Our best course of action would be to oppose this bill and hope for it to fail. My 2 cents.
PS I do hope I am proven wrong though :-)
The moral of the story is, such "good" amendments will keep comming if tech industry keeps lobbying for us :mad:
Lets hope cir dies and if not then start opposing CIR
I seriously doubt if they will introduce favorable GC amendments in the next round.The focus is on the illegals and we will get negatively affected in the process. Our best course of action would be to oppose this bill and hope for it to fail. My 2 cents.
PS I do hope I am proven wrong though :-)
anurakt
01-08 09:23 AM
Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?
Look at this thread
http://immigrationvoice.org/forum/showthread.php?t=2636&highlight=Atlanta
Look at this thread
http://immigrationvoice.org/forum/showthread.php?t=2636&highlight=Atlanta
vikki76
04-21 12:21 PM
Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit
H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.
H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.
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