Saturday, June 25, 2011

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  • morchu
    07-26 04:36 AM
    Check the labor laws. Sometimes the 60 days notice requirement maybe voided by law. Also check the exact terminology in the job contract. Binding you to an employment via any kind of contract is not authorized.

    Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.

    In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).

    As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.

    There is always ways out (AC21, newGC process but same priority date etc.)
    And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.

    If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.

    Well the above is my personal opinion. Ultimately it is your choice.

    -Morchu


    My question is:
    My I-485 is pending for more than 180 days and I have I-140 approval as well.
    I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.

    If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
    �Do I need to send AC 21 first before opting by the New Employer?
    Thank you.




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  • The7zen
    03-13 01:06 PM
    I have updated my profile..IV has been a source of strength in my Journey..i wish good things happen at USCIS and hard working legal immigrants like us get the GC quickly

    Congrats....

    :) please consider contributing to the FOIA funding drive and help us :)




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  • nixstor
    08-30 01:19 PM
    You are doing a pledge right now. So go ahead and pledge what you have and try to bump them to 25K. Some short flights need only 15K miles. For example United charges 15K miles for trips between IAD and ORD often.

    Here is a link on how you can add 5k more miles if you would like to.

    http://www.continental.com/web/en-US/content/onepass/earn/default.aspx




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  • sunny1000
    06-26 12:05 AM
    Hi all,
    We applied for my wife's and mine EAD on April 27th (paper based)
    I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

    I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
    She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

    Additionally , she has a valid H4 as well.
    I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

    Pls reply
    Thanks in advance

    After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.

    you can also call the USCIS CS number to see if they can help you.

    Wish you luck.



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  • 21stIcon
    09-23 04:41 AM
    Buying a house is a big decision and there is nothing wrong in asking others. This forum is all about sharing views if you don�t have something nice to say or don�t have any idea about housing stop commenting.

    He has never shared his opinion or thoughts about economy or housing, simply wants to buy a house. we need people like him to move housing inventory and spend most of his monthly income on housing payments




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  • vdlrao
    06-01 09:26 PM
    labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.

    really good information.



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  • mambarg
    07-27 12:45 PM
    If NSC had put all applications from July 2nd to July 17th on hold.
    Did they open and timestamp it ? for received date ??????

    If they did not , then I may be lucky.
    Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.

    Do you guys think ? they might see this and enter it as received date ?




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  • yabadaba
    04-17 02:58 PM
    the perm user manual is pretty detailed.

    What happens is whenever an application is created... a case number/application number is created with T as the prefix (T-123-4567)

    as soon as the information is filled out, everything is updated, all boxes are checked and the lawyer submits the form/application... the case number/app number changes to (A-123-4567 or C-123-4567) for either Atlanta or Chicago (based on where u live).



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  • latejunefiler
    07-12 09:28 AM
    Singhsa,

    Thats a great poem!!
    I have made some aesthetic changes to your document and uploaded here.

    http://www.geocities.com/latejunefiler/Ghandhigiri.pdf




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  • john2255
    10-20 06:24 AM
    Look at the profile...... join date and no. of posts.


    So whats the problem. I was active till 2007, till the special immigrant visas are over and retrogression set in for Schedule A workers, nurses and physical therapists. I was in my country till now, and Immigration voice sign in template don't have any option to register for people who are out of United states.

    When I was active I always did my best to share my knowledge and help the people.
    I supported and advocated for general visa recapture and special legislative initiatives for Schedule A workers. I was an active member of Schedule A workers sub group of Immigraton voice.

    I hope I am clarified. I humbly request for valuable advices to decide on my situation. Once again thank you all for your advices.



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  • chatterjie
    03-28 02:34 PM
    PD = May2004
    485FilingRcpt Date : Aug 21, 2007

    I was eagerly looking for 485 processing date to move forward
    from Jul 30. Hope NSC will process the NameCheckPending Cases Fast
    and let the processing dates move forward.. :)

    Also, even if the visa numbers advance, I have to cross the 485 processing
    date first... is that right?
    Or, what happens if my 485 is not yet processed but the bulletin makes
    my date as current? :confused:


    Thanks and Regards,
    Chatterjie




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  • adi787
    12-11 08:15 PM
    hi,

    sorry to hear the denial.

    Was this beyond 6th yr extn based on approved 140?

    Or due to small company?



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  • Bhaskar_80
    06-10 10:28 AM
    Hi Gurus,

    I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
    My Visa is expiring in March 2011.

    Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.

    Now my question is that, I am planning to change my job (to employer B) in September 2010.

    Please help with your valuable answers for the following questions:-

    1. How long does it take to get the i140 approved?
    (Regular/Premium)

    2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?

    3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?

    4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?

    5. Does the new job need to be the same title and job requirements as the old one?




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  • desi3933
    06-25 10:41 AM
    I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify

    This is one of the biggest myths amongst H1 workers in USA.

    All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.

    There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.

    Please consult a good lawyer before signing any such contract.

    Not a legal advice
    -----------------------
    desi3933 at gmail.com



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  • RDB
    05-06 12:01 PM
    To get an answer just visit this thread

    http://immigrationvoice.org/forum/showthread.php?p=339084#post339084

    Thanks for the link. Looks like I will have to get ready for an interview!!!!




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  • sanjay02
    11-22 04:49 PM
    Hi
    Any one successful in last 2 weeks in scheduling a Visa appointment in Hyderababad consulate? For last 2 weeks I have been trying to schedule an appointment and it displays message "try after some time" on the vfs-co.in site.

    Please let me know if any one was able to do it in last 3 weeks time frame?

    Thanks
    Sanjay



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  • pd_recapturing
    03-10 08:59 AM
    How does USCIS know about salary ? I understand that if they send rfe, we need to send the w-2 but does IRS also send the w2 information to USCIS? The other question is whats the criteria of judging the salary? Is it w-2 or pay stub ? My pay stub has been showing the correct salary but w-2 does not reflect that much since I was out of the work for quite sometime.




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  • augustus
    08-21 10:32 AM
    Please see above




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  • kondur_007
    08-24 10:23 PM
    I hate to give you the bad news, but as far as I know, if you filed 140 after the expiry date on Labor, it will be denied.
    And yes, there is a rule about this that they came up with since past few months (?about a year now..)
    I would suggest to start a new PERM ASAP and get a help of a good competent lawyer this time.
    Good Luck.

    (Although there are only a couple of days between the expiry date on your labor and 140; but if you really filed your 140 after the expiry of PERM, it will be denied. Are you sure of RD? if it is ND and your RD is within the expiry, it may still be valid).




    raj2007
    02-19 11:00 AM
    Consult a good lawyer.

    Is your spouse a US citizen? Do you want to use I-130 based greencard option?

    After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).

    As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.

    Your priority should be:

    1. How to avoid this 180 day situation

    2. How to maintain status

    -by EAD only
    -or by H1 (cap or non-cap)

    3. How to attain GC

    -By I-130 only or

    are there other options

    If your spouse is a citizen, usually GC will be done in 1 or 2 years.

    You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).

    Again, a good lawyer will be your best advisor.


    His status is fine as he filed AOS. Only issue with travelling abroad.
    There days they are very strict and I will not advice to take any risk, if there is 50 50 chance.




    heywhat
    08-03 06:47 PM
    Talk to attorney. This really sucks, employer does all BS and employee goes thru all tension and sleepless nights...



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