minimalist
09-19 10:58 PM
Guys..i have noticed that so many other members has already been complained about the getting Red dots for no reason...i got the red for this post for just a spell mistake. This is too much and IV has to do some thing about this. Otherwise people will afraid or not be willing to post their opinions here...
All the people who crib about red dots: There is nothing IV can do about it.
This is a feature of the forum software.Actuallly I suggest IV kickout anyone who cribs about red dots are someone using foul language in PMs/comments.If some one uses foul language in forum posts then admins can warn them or block them. It is not possible if they do it in comments.
Keep the eye on the ball guys. If you see all the bullshit the IV admins bare with some other guy showing up every few weeks asking questions as if IV Core is getting rich off of the contributions. And some other guy shows up with a great plan (no sarcasm intended) asking CORE to make his thread sticky instead of keeping the thread on top by bumping it every few hours or so.Then when the core doesn't respond to their idea/request to make the thread sticky start abusing them. They take all that in stride and still continue to pour their hearts into something they believe in.
Now here are people so worried that they got a red dot and need the grievance be addressed. If not they will be afraid to post. If all it takes some one to stop you from posting your ideas is to give a red dot, how can any progress be made?
Think about it people.
All the people who crib about red dots: There is nothing IV can do about it.
This is a feature of the forum software.Actuallly I suggest IV kickout anyone who cribs about red dots are someone using foul language in PMs/comments.If some one uses foul language in forum posts then admins can warn them or block them. It is not possible if they do it in comments.
Keep the eye on the ball guys. If you see all the bullshit the IV admins bare with some other guy showing up every few weeks asking questions as if IV Core is getting rich off of the contributions. And some other guy shows up with a great plan (no sarcasm intended) asking CORE to make his thread sticky instead of keeping the thread on top by bumping it every few hours or so.Then when the core doesn't respond to their idea/request to make the thread sticky start abusing them. They take all that in stride and still continue to pour their hearts into something they believe in.
Now here are people so worried that they got a red dot and need the grievance be addressed. If not they will be afraid to post. If all it takes some one to stop you from posting your ideas is to give a red dot, how can any progress be made?
Think about it people.
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dreamgc_real
01-06 09:30 AM
CIR is impossible with the current Congress, any legislator thinking it is a possibility is only misleading!
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gc_chahiye
10-17 03:32 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
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krishnam70
07-23 08:41 PM
I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
If your company is ok with giving you a letter sticking to your original duties you should be fine, there is no need to inform USCIS about it. I know it amounts to misleading but in your situation that is the best you can do.
good luck
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
If your company is ok with giving you a letter sticking to your original duties you should be fine, there is no need to inform USCIS about it. I know it amounts to misleading but in your situation that is the best you can do.
good luck
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mariner5555
05-15 11:32 PM
wow ..so I guess there is hope :)
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eb3retro
12-17 01:36 PM
my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
for gods sake, pls put proper heading for new threads.
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
for gods sake, pls put proper heading for new threads.
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small2006
06-09 01:43 PM
Guys,
Chill out...Everybody is unnecessarily getting worked up just because our frustrations are not reflected in the article.
It doesn't say "that people are waiting for GC because of strict rules". That is totally taken out of context. Re-read the article.
Keep in mind where the article has appeared - BBC. Keep in mind the audience of the article - people who don't know anything about this issue. From that perspective it does a decent job of providing someone with some idea as to what the H1B/GC issues are about. It is in no way meant to be (or attempts to do) a thorough in depth report on what is going on. Think of it as just a "big picture" overview of the PATHETIC state of US immigration system as it applies to H1Bs and GCs.
On the point of painting "H1B issue as Indian issue" - Although the article doesn't claim to do that, don't you think that when 65% of H1Bs are taken up by Indian nationals (at least in 2000, probably more later, http://www.murthy.com/news/UDtechi.html)
, it is at least a "65% Indian issue."
In any case, my intent was not to be rude but just to point out that there is no need to get so riled up on an article that neither hurts or helps our cause.
Take it easy.
The reporter does not seem to know the issue at all and coming from an Indian/Pakistani background painted the whole issue as if it were a Desi issue.
Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real
The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.
Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.
Chill out...Everybody is unnecessarily getting worked up just because our frustrations are not reflected in the article.
It doesn't say "that people are waiting for GC because of strict rules". That is totally taken out of context. Re-read the article.
Keep in mind where the article has appeared - BBC. Keep in mind the audience of the article - people who don't know anything about this issue. From that perspective it does a decent job of providing someone with some idea as to what the H1B/GC issues are about. It is in no way meant to be (or attempts to do) a thorough in depth report on what is going on. Think of it as just a "big picture" overview of the PATHETIC state of US immigration system as it applies to H1Bs and GCs.
On the point of painting "H1B issue as Indian issue" - Although the article doesn't claim to do that, don't you think that when 65% of H1Bs are taken up by Indian nationals (at least in 2000, probably more later, http://www.murthy.com/news/UDtechi.html)
, it is at least a "65% Indian issue."
In any case, my intent was not to be rude but just to point out that there is no need to get so riled up on an article that neither hurts or helps our cause.
Take it easy.
The reporter does not seem to know the issue at all and coming from an Indian/Pakistani background painted the whole issue as if it were a Desi issue.
Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real
The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.
Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.
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indianindian2006
08-28 02:10 PM
For some reason I remember this Venkat80 got his GC approved. If he is the same guy and playing with our emotions then this guy must be banned right away from IV. Otherwise I am sorry..
You are right I remember that he posted that he got his GC recently.
You are right I remember that he posted that he got his GC recently.
more...
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SGP
09-21 09:33 AM
Just got a word from our attorney that my case was approved on 09/08/2010. In my case USCIS did not update the website with the approved status! Not even a soft LUD.... I don't know their operating standard!
Thanks for many of you reading my post! So now you know even with out USCIS website update there is a chance that ones case would be approved.
Lesson learnt: Always check with attorney!
Now on to the final hurdle! I-485.
Raj:)
Hi Raj : Did you switch to EB2 with a new company? If yes, could you please let me know, how long did it take you to get the new labor?
Thanks for many of you reading my post! So now you know even with out USCIS website update there is a chance that ones case would be approved.
Lesson learnt: Always check with attorney!
Now on to the final hurdle! I-485.
Raj:)
Hi Raj : Did you switch to EB2 with a new company? If yes, could you please let me know, how long did it take you to get the new labor?
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abhishek101
10-22 05:29 PM
let's hope we see something, after 10 years in the GC process I am still 5 years off :( .
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thatwillbeit
06-06 03:38 PM
Thanks for your reply wandmaker
akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form
I-131 Application Supporting documents
Copy of I-485 receipt Notice
Copy of I-140 Receipt/Approval Notice
Copy of Prior Advanced Parole Document (AP)
Copy of Biographic Page of Passport
Copy of Drivers' License
2 Passport size Photos
Check for $305 in favor of DHS
akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form
I-131 Application Supporting documents
Copy of I-485 receipt Notice
Copy of I-140 Receipt/Approval Notice
Copy of Prior Advanced Parole Document (AP)
Copy of Biographic Page of Passport
Copy of Drivers' License
2 Passport size Photos
Check for $305 in favor of DHS
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veni001
09-14 01:28 PM
Thanks in advance gurus!!
the job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem??
as one of EB2 requirement is BS or equivalent US degree with 5 years of experience.
But this job desc says its 4-6 years..
Shout it say 5 or more years ??? please help me by commenting on this!!
(This is my 10th year in USA, I would have become UK citizen if i have gone to UK in 2000)
Thank you,
Based on the Job Description Bachelors +4 years can qualify/eligible for this position so this job does not qualify for EB2 period.:(
the job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem??
as one of EB2 requirement is BS or equivalent US degree with 5 years of experience.
But this job desc says its 4-6 years..
Shout it say 5 or more years ??? please help me by commenting on this!!
(This is my 10th year in USA, I would have become UK citizen if i have gone to UK in 2000)
Thank you,
Based on the Job Description Bachelors +4 years can qualify/eligible for this position so this job does not qualify for EB2 period.:(
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May 31st, 2004, 03:33 PM
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longq
03-29 11:30 PM
If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -
:-)
Filing second PERM LC and EB2-140 for a higher level position may not consitute a fraud, if employer already filed EB3 I140. Going in downwards direction will looks like fraud.
My simple question,: Forget PD porting for a second.. In 140 form employer has to write reason that why second 140 was applied. In this case, what reason employer should write? Will they say that they are depromoting to lower level job.
Any way, it all depends on USCIS adjudicator. If he overlooks he may get benefit, otherwise it will be a problem for him.
:-)
Filing second PERM LC and EB2-140 for a higher level position may not consitute a fraud, if employer already filed EB3 I140. Going in downwards direction will looks like fraud.
My simple question,: Forget PD porting for a second.. In 140 form employer has to write reason that why second 140 was applied. In this case, what reason employer should write? Will they say that they are depromoting to lower level job.
Any way, it all depends on USCIS adjudicator. If he overlooks he may get benefit, otherwise it will be a problem for him.
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redgreen
06-06 05:16 PM
We are interested in knowing the source of this rule!
If you pay the new fee for EAD or AP, there is no mention that you won't have to pay again for EAD or AP. You don't have to pay for EAD and/or AP if you had paid new fee for I-485.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
If you pay the new fee for EAD or AP, there is no mention that you won't have to pay again for EAD or AP. You don't have to pay for EAD and/or AP if you had paid new fee for I-485.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
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Chiwere
06-11 03:22 PM
what about the people who are beyond their 6 year H1B term -extending it every year. The USCIS website does not provide any indication for those.
Looks like it applies only to people with 6 year term expiring and labor applied/approved < 365 days. A very small subset of people perhaps but they needed immediate relief.
Looks like it applies only to people with 6 year term expiring and labor applied/approved < 365 days. A very small subset of people perhaps but they needed immediate relief.
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510picker
November 30th, 2008, 06:41 PM
Owen, when did you go over to the dark side? :eek:
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chi_shark
03-22 10:43 PM
My deepest condolenses and sympathies to thier families. May their souls rest in piece.
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zCool
04-02 11:15 AM
But for 140, ability to pay type of RFE can and will be answered by company financials etc. It's just that if you are already employed and are getting more than LC proffered wage and can prove that via W2+paystubs.. it makes it simpler even when company doesn't have enough assets or profits.
But it's not completely a must have,
More to the point though
You can count on getting some type of RFE somewhere in the process that will ask you to prove the status.
Normally W2 and Paystubs are basic stuff that maybe asked even at the time of 485 decision.
and moreover if he's paying you, why work?!!
But it's not completely a must have,
More to the point though
You can count on getting some type of RFE somewhere in the process that will ask you to prove the status.
Normally W2 and Paystubs are basic stuff that maybe asked even at the time of 485 decision.
and moreover if he's paying you, why work?!!
add78
06-19 02:08 PM
yeah.. it doesnt work that way, the fact that your lawyer checked "d" indicated you have an advanced degree (masters and beyond). you have to prove that your BS+X exp is in fact Masters equivalent with your LC and job ads and recruitment effort etc etc. It is then at the discretion of the IO to allow the classification under EB-2, else he will issue an RFE (which he did) and even after your response to RFE, he may deny the EB-2 classification and you will have to amend it with EB-3. Your lawyer should have known this would trigger an RFE.
ras
08-26 09:29 PM
I am not well aware of what is to be done. But isn't it a good idea to mail USCIS explaining the situation and possible extension you may need. This keeps USCIS informed about your situation in advance.
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