GCPagla
03-15 02:07 PM
Hi,
I would like to get you expert's opinion, before I pull the final string. My GC had been filed in EB2 with PD on Feb 26 2007. My 140 has been approved on April 2008. My 485 was filed during 2007 fiasco. I work for one of the big 3car company in Detroit as a consultant and situation is changing fast here, compelling me to search shelter somewhere else.
Luckily I got an offer from a new employer which is enticing me two pull the trick of Ac21. But before I do so, I would like to get your kind advise on the following points.
a) My Job title is programmer Analyst with my current employer but in the offer letter of the future employer is is given as "Sr. java developer". Does this title change matters? The new employer has agreed to give me the Ac21 letter with same job duty description.
b) The salary increase in the job is almost 50%. Do you think this causes any red flag.
c) The company size of the new employer is much small than the current employer. Is this OK.
I am really depending on you people's expertise. Any help will really make me confident about this change.
Regards
I would like to get you expert's opinion, before I pull the final string. My GC had been filed in EB2 with PD on Feb 26 2007. My 140 has been approved on April 2008. My 485 was filed during 2007 fiasco. I work for one of the big 3car company in Detroit as a consultant and situation is changing fast here, compelling me to search shelter somewhere else.
Luckily I got an offer from a new employer which is enticing me two pull the trick of Ac21. But before I do so, I would like to get your kind advise on the following points.
a) My Job title is programmer Analyst with my current employer but in the offer letter of the future employer is is given as "Sr. java developer". Does this title change matters? The new employer has agreed to give me the Ac21 letter with same job duty description.
b) The salary increase in the job is almost 50%. Do you think this causes any red flag.
c) The company size of the new employer is much small than the current employer. Is this OK.
I am really depending on you people's expertise. Any help will really make me confident about this change.
Regards
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thediablo
05-30 04:59 PM
bah dont get sad... i know you can do it worst than that :D
:thumb:
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pardesh
11-19 01:06 PM
This was the our Immigration Lawyer's response:
AP is valid for multiple entries. Generally you receive three
original approval notices. When you reenter the U.S., the officer will
sometimes keep one of the originals, but you will still have two others
to use on future trips. Occasionally, the officer will stamp the AP and
then return it to you to use again, but if he keeps the original,
there's not much you can do about it. If all the originals have been
used, then you will need to file for another AP for future trips.
AP is valid for multiple entries. Generally you receive three
original approval notices. When you reenter the U.S., the officer will
sometimes keep one of the originals, but you will still have two others
to use on future trips. Occasionally, the officer will stamp the AP and
then return it to you to use again, but if he keeps the original,
there's not much you can do about it. If all the originals have been
used, then you will need to file for another AP for future trips.
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Friend
02-15 10:45 AM
We (me, my wife and my son) are submitted 485 applications on July 7th to Nebraska service center latter they transferred to Vermont from there it again transferred to Taxes Service. Unfortunately I forgot to write the amount in wordings in my wife's 485 application check so they rejected my wife's application on Oct 9th, they enclosed the letter to re submit the application by using the new fee. We re submitted on Oct 15th by enclose the two checks $325 and $1010 along with the covering letter and the letter what they are given.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
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Green.Tech
08-05 06:09 PM
I am not sure this will count as an illegal behavior. Of course, I am not a lawyer. But companies typically ask for relocation reimburesement and lawyer expenses, etc. to be paid back pro-rated, in case the employee leaves within a year or so.
Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.
Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....
Good point!
For one, my employer contract (which I haven't signed yet) says that I will need to reimburse for ALL GC related fee that they have incurred on my behalf if I leave ANYTIME during my GC application is pending. I know such contracts are common (or are they?) but I am not sure if they can ask me to reimburse them for labor cert fee (which as per DOL is employers responsibility) or even for that matter any other application fee (which I understand are employers responsibility as well?). So, basically they can contract me for all the legal fee (attorney fee) but not ALL fee.
More thoughts?
Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.
Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....
Good point!
For one, my employer contract (which I haven't signed yet) says that I will need to reimburse for ALL GC related fee that they have incurred on my behalf if I leave ANYTIME during my GC application is pending. I know such contracts are common (or are they?) but I am not sure if they can ask me to reimburse them for labor cert fee (which as per DOL is employers responsibility) or even for that matter any other application fee (which I understand are employers responsibility as well?). So, basically they can contract me for all the legal fee (attorney fee) but not ALL fee.
More thoughts?
hoolahoous
03-18 11:20 PM
if H1b withdrawal is mandated then why do most of the employer's do not do it ?
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
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pou-pou
06-06 01:30 PM
the one lovely green is there a few times :love:
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Dhundhun
07-21 06:17 PM
Hi All,
My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.
Can some body guide me
-Srarao
$100-so far
For people from India, skin test is usually positive and x-ray normal. No one gets RFE for that.
Why they should give you RFE? Is there any hidden message, which I am unable to makeout from your post?
My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.
Can some body guide me
-Srarao
$100-so far
For people from India, skin test is usually positive and x-ray normal. No one gets RFE for that.
Why they should give you RFE? Is there any hidden message, which I am unable to makeout from your post?
more...
jkays94
06-01 01:08 PM
No problem Sobers, it is interesting to note the links between the Center of Immigration Studies (often cited by many anti-immigrationists) and one of these groups. What is indeed interesting is how some legislators maintain close ties with these organizations, some of whose activities as outlined by the SPLC are indeed shameful.
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sledge_hammer
05-15 07:12 AM
^^^^
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my2cents
08-04 03:53 PM
Not True
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
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sunny1000
06-11 05:35 PM
Is there reason you say that I cannot port the PD ...? Please explain.
Arun
I should have been clearer in my post. I meant the I-140 itself and not the PD. Please ignore mine as there are better answers. Thanks.
Arun
I should have been clearer in my post. I meant the I-140 itself and not the PD. Please ignore mine as there are better answers. Thanks.
more...
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GCwaitforever
08-16 11:25 AM
I checked UK Embassy web site this weekend. Apparently they ask for original certificates while taking application for HSMP. That is a sticking point with me. Also could someone suggest a good site to look for UK jobs? What are the pros and cons? Any ideas on the life style in UK? What is the impact of latest terror plots on life etc ...
I will post the Embassy links directly when I get home. You should be able to do it yourself without having to go through a middleman. I guess workpermit.com is a middleman.
I will post the Embassy links directly when I get home. You should be able to do it yourself without having to go through a middleman. I guess workpermit.com is a middleman.
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wait_2010
07-25 02:39 PM
I believe people who suggest that they follow career before GC are right to an extent. But to me the you have to chose..losing freedom to chose ur employer vs losing one career oppoertunity ...If u have GC you can chose from other opportunities and surely there will be plenty..Especially u r close to GC, it might be worth the risk and wait to get GC..even if u get an EAD , it will make life simple for ur wife and urself as she can get a job in any place and any employer and u will have the same option...Nothing beats freedom...
It seems odd that the BIG consulting company wants to use EB3 to tie u for long time as they know the advantage for themselves..Ironical ..rules to protect americans end up hurting them because companies love H1Bs as they can use them as they want...
It seems odd that the BIG consulting company wants to use EB3 to tie u for long time as they know the advantage for themselves..Ironical ..rules to protect americans end up hurting them because companies love H1Bs as they can use them as they want...
more...
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snathan
05-19 11:34 AM
Hello,
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.
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seekerofpeace
07-20 08:12 AM
I asked my lawyer specifically about this W2/bank statement/tax forms etc...All he needed was a employment verification letter.
He won't send items which are not needed. Sending extra items doesn't improve or better your chances..................send them what they need if there is an RFE then only you are supposed to send supplementary documents.
He won't send items which are not needed. Sending extra items doesn't improve or better your chances..................send them what they need if there is an RFE then only you are supposed to send supplementary documents.
more...
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texcan
08-01 05:55 PM
Join state chapter to be upto date.
http://groups.yahoo.com/group/texasiv
Is there a real need of seperate group other than IV.
Just curious.
http://groups.yahoo.com/group/texasiv
Is there a real need of seperate group other than IV.
Just curious.
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logiclife
01-05 11:31 AM
There may be members posting their thoughts and suggestions on multiple websites. Right now immigrationvoice.org is separate org and has a different approach to others that I know. This org is going to raise funds and hire professional strategist who knows how to cross a minefield and get our priorites introduced in one or other vehicle of legislation.
Everyone here on this org is:
1. Affected by retrogression.
2. Already tried individual efforts to educate/convince congress to eliminate employment based retrogression and raise GC quote for EB2, EB3.
3. Realized after defeat of provisions in S 1932 in the house that we need professional help and need to spend money, time and efforts to get it done.
While individual efforts are not bad, lobbying certainly makes a lot of difference when it comes to get our priorities stay in legislation during intense debate over immigration in general.
Please keep you valuable contributions coming in terms of your time, forum replies and money. We have raised $5000 dollars in 2 days and our goal is $100,000 for professional lobbying help and we need to raise that much in next few weeks.
Thanks,
logiclife.
Everyone here on this org is:
1. Affected by retrogression.
2. Already tried individual efforts to educate/convince congress to eliminate employment based retrogression and raise GC quote for EB2, EB3.
3. Realized after defeat of provisions in S 1932 in the house that we need professional help and need to spend money, time and efforts to get it done.
While individual efforts are not bad, lobbying certainly makes a lot of difference when it comes to get our priorities stay in legislation during intense debate over immigration in general.
Please keep you valuable contributions coming in terms of your time, forum replies and money. We have raised $5000 dollars in 2 days and our goal is $100,000 for professional lobbying help and we need to raise that much in next few weeks.
Thanks,
logiclife.
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diptam
09-26 04:50 PM
Even if your employer revokes I-140 the PD is locked - Make sure you have a Copy of 140 approval Receipt Notice and a copy of the Labor PD. When you file new GC or 485 application just ask your company's lawyer to slip in the old 140 instead of new 140.
This is a real cool feature but make sure you have to maintain H status all the time - i'm here for 9 yrs and whenever i think about these maverick cool steps i stop at the point of H transfer , extension and fear of getting H denied.
If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.
This is a real cool feature but make sure you have to maintain H status all the time - i'm here for 9 yrs and whenever i think about these maverick cool steps i stop at the point of H transfer , extension and fear of getting H denied.
If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.
willigetgc?
01-21 12:08 PM
Has it anything to do with immigration??
It will only start a fight between members on parenting style.. and a bitter fight at that.
If u like the article you are free to raise your children like that.
Read this to know what your children will think of you when they grow up ...
'Tiger Mothers' leave lifelong scars - CNN.com (http://www.cnn.com/2011/OPINION/01/20/lac.su.tiger.mother.scars/index.html?iref=allsearch)
1. It has nothing to do with immigration (unless you factor that "chinese mother" is an immigrant), which is why this thread is on interesting topics.
2 and 3. I had not even heard of the article until today and told the same to my doc. She brought up the topic because I am Indian.
4. Personally, after having read it, there are a few things I agree with the author and there are many I don't.
BTW, I had not read the CNN story either. Many of the things that I did not like in Amy's article are addressed in the CNN story!
It will only start a fight between members on parenting style.. and a bitter fight at that.
If u like the article you are free to raise your children like that.
Read this to know what your children will think of you when they grow up ...
'Tiger Mothers' leave lifelong scars - CNN.com (http://www.cnn.com/2011/OPINION/01/20/lac.su.tiger.mother.scars/index.html?iref=allsearch)
1. It has nothing to do with immigration (unless you factor that "chinese mother" is an immigrant), which is why this thread is on interesting topics.
2 and 3. I had not even heard of the article until today and told the same to my doc. She brought up the topic because I am Indian.
4. Personally, after having read it, there are a few things I agree with the author and there are many I don't.
BTW, I had not read the CNN story either. Many of the things that I did not like in Amy's article are addressed in the CNN story!
Becks
08-16 05:51 PM
I had my PA DL renewed last year. All they asked was the original I-485 receipt, Passport. They dont consider EADs.
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