curiouscinci
10-17 06:33 PM
Hi, I am working for Company ABC on L1 B, I-94 valid till mid2008.
I will get married in Feb08 and bring my spouse on L2 visa here.
She intends to work in the US. I understand that I can get her EAD.
If her employer processes her GC . Am I eligible to be added on that.
Basically, if her GC processing starts, is it possible for me to work here irrespective of my visa status.
Kindly advise on this scenario. We both want to work in the US and I want to switch job provided she is able to continue to work also.
I will get married in Feb08 and bring my spouse on L2 visa here.
She intends to work in the US. I understand that I can get her EAD.
If her employer processes her GC . Am I eligible to be added on that.
Basically, if her GC processing starts, is it possible for me to work here irrespective of my visa status.
Kindly advise on this scenario. We both want to work in the US and I want to switch job provided she is able to continue to work also.
wallpaper Sprained Ankle Pain
gk_2000
05-23 03:51 PM
Yes you suffer from inferiority complex !
And rightly so, I may add :D :p
And rightly so, I may add :D :p
amsgc
07-04 08:04 PM
Legal,
The 700K number is from the Ombudsman's report. He speculated that if the VB was made current, the there would be that many people eligible to apply in the two to three months.
The 700K number is from the Ombudsman's report. He speculated that if the VB was made current, the there would be that many people eligible to apply in the two to three months.
2011 The most common ankle sprain
bayarea07
09-10 02:20 PM
I dont think its the Right Link the link that you sent has lot of action going on but
http://judiciary.house.gov/hearings/calendar.html
has people moving all over the place and no action
I found another link. Not sure if its the right one ?
http://www.c-span.org/Watch/C-SPAN_wm.aspx
http://judiciary.house.gov/hearings/calendar.html
has people moving all over the place and no action
I found another link. Not sure if its the right one ?
http://www.c-span.org/Watch/C-SPAN_wm.aspx
more...
pitha
01-28 10:56 AM
I don’t want to start another war here but all I am asking for is a fair treatment of people and not discriminate against people based on country of birth. One of the reasons I left my country, India, is because of the discriminating that exists there in terms of "reservations" where everything is reserved based on your caste for 50%. Now please dont tell me reservations and country cap are different, they are not different they are the same. they accomplish the same purpose in case of skilled immigration.I never thought such a thing would happen in US but it seems worst here because Indians and Chinese make up almost 70 to 80% of H1 (which is dual intent) but when it comes to employment based green cards (which are based on H1) Indians and Chinese combined get only 14% of the visas, don’t you see the tragedy here? Why don’t they enforce the country cap on H1 also, that way people from India and china will not have to suffer worse than others? But US is a competitive country, they want the best available talent for H1 and that’s the reason they don’t put country caps on H1.
Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.
I totally agree with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
getting rid of country caps will hurt ppl from ROW. we need to be united, what do u say? H1B and EB visas are not related and should not be confused as related items. There are exemptions on H1b but none on EB.
totally agree with this.
Have full faith in IV and I am sure they will try to keep the interests of all in mind, not just of those from one country that will benefit from ending country-caps.
Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.
I totally agree with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
getting rid of country caps will hurt ppl from ROW. we need to be united, what do u say? H1B and EB visas are not related and should not be confused as related items. There are exemptions on H1b but none on EB.
totally agree with this.
Have full faith in IV and I am sure they will try to keep the interests of all in mind, not just of those from one country that will benefit from ending country-caps.
bala50
05-08 10:43 PM
Good to see a fellow chapter member get a green card.
All the best and hope you will continue your support for PA-IV as always
I had checked the status earlier this morning (as every other day) and as every other day there was no LUD. When I got home this evening saw the following email (got one for my wife's application too)
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
All the best and hope you will continue your support for PA-IV as always
I had checked the status earlier this morning (as every other day) and as every other day there was no LUD. When I got home this evening saw the following email (got one for my wife's application too)
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
more...
sweet_jungle
03-12 01:08 PM
I am a july 2nd filer and have changed job 2 times in the past one month and I have no intention to let know USCIS because
a) There is no mandatory law that states that we should do it.
b) I personally feel that sending AC21 documents will trigger an RFE for sure,(in the other case, there are chances that u may not get this).
c) Lawyer is asking for $1500 for doing nothing on this.
d) I am prepared to deal with the RFE if it comes thru.
All of the above I did for changing my 7 year old employer who exactly knew that I cannot change job and kept me in the same position for 7 years even though I was exemplary in my job performance.
What about the H1? Your sponsoring employer needs to revoke H1. Won't INS come to know through that?
a) There is no mandatory law that states that we should do it.
b) I personally feel that sending AC21 documents will trigger an RFE for sure,(in the other case, there are chances that u may not get this).
c) Lawyer is asking for $1500 for doing nothing on this.
d) I am prepared to deal with the RFE if it comes thru.
All of the above I did for changing my 7 year old employer who exactly knew that I cannot change job and kept me in the same position for 7 years even though I was exemplary in my job performance.
What about the H1? Your sponsoring employer needs to revoke H1. Won't INS come to know through that?
2010 Ankle Sprain
mchundi
07-24 10:32 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
more...
pitha
02-21 03:34 PM
It is such irresponsible advise that has made EB2 India unavailable. The EB2 or eb3 should be decided based on the job requirements and not to fulfill your personal needs so that you can jump from eb3 to eb2. have you heard the adage "One rotten apple spoils the whole barrel". it is basically because of people like you the whole EB system is tainted and viewed as filled with corrupt people who will bend rules to suit there needs. Forget eb2 go for eb1 but only if your job really is in EB1 and not to cheat the system. You may get away with it but the end result is DOL and USCIS will make it stringent to get eb2 or eb1.
anyway the practical matter is people ported from eb3 to eb2 recklessly and eb2 is becoming same as eb3.
if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!
anyway the practical matter is people ported from eb3 to eb2 recklessly and eb2 is becoming same as eb3.
if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!
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chanduv23
07-29 02:03 PM
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Let me tell you my story
I worked for a mid sized consulting company (not to be mistaken for desi contracting) and GC was filed in March 2004 (it was EB3 labor). I was in my 6th year of h1b in 2005 when this company got bought over and unfortunately I lost job in the 6th year of h1b with only 11 months of h1b left. At that time I was newly married and with no bank balance. Then I looked for a new job, managed to get a nice long term contract job in a month and got h1 transferred to a decent consulting company who applied for my 6th and 7th year of h1b using the labor already filed in the company I was layed off. When in my 6th year my new PERM got approved with this employer and 140 also approved and based on that I got 8th, 9th, 10th year h1b extensions. I managed to file for 485 in July fiasco and then after an year, I left the employer and started using EAD. That employer revoked my i 140 because I left them and then I had to deal with all the AC21 stuff and my journey still continues. Things were not easy, I had to maintain excellent billing rate, in one ocassion the client filed for chapter 11 and did not make payments to my employer and this strained my employer's finances and I had to make it up with a better billing rate with next client to keep my GC process intact and being consinuously employed on high billing contract jobs is also challenging.
The diference between your situation and mine is - you are left with a choice and a decision to make, whereas me, I felt like was taken to a top of cliff and thrown from there.
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Let me tell you my story
I worked for a mid sized consulting company (not to be mistaken for desi contracting) and GC was filed in March 2004 (it was EB3 labor). I was in my 6th year of h1b in 2005 when this company got bought over and unfortunately I lost job in the 6th year of h1b with only 11 months of h1b left. At that time I was newly married and with no bank balance. Then I looked for a new job, managed to get a nice long term contract job in a month and got h1 transferred to a decent consulting company who applied for my 6th and 7th year of h1b using the labor already filed in the company I was layed off. When in my 6th year my new PERM got approved with this employer and 140 also approved and based on that I got 8th, 9th, 10th year h1b extensions. I managed to file for 485 in July fiasco and then after an year, I left the employer and started using EAD. That employer revoked my i 140 because I left them and then I had to deal with all the AC21 stuff and my journey still continues. Things were not easy, I had to maintain excellent billing rate, in one ocassion the client filed for chapter 11 and did not make payments to my employer and this strained my employer's finances and I had to make it up with a better billing rate with next client to keep my GC process intact and being consinuously employed on high billing contract jobs is also challenging.
The diference between your situation and mine is - you are left with a choice and a decision to make, whereas me, I felt like was taken to a top of cliff and thrown from there.
more...
varshadas
01-30 03:30 PM
Guys,
Lets have a conference call today to finalize the flyer. I have some comments/questions on the updated flyer. Its better we do this over the phone so that we don't waste time in these posts back and forth. If everyone is OK, I will schedule a call for tonight at 10.30 PM as I have class.
Let me know if that works for you guys or if it is too late, then we can have it tomorrow at Noon.
Thanks,
Varsha
Lets have a conference call today to finalize the flyer. I have some comments/questions on the updated flyer. Its better we do this over the phone so that we don't waste time in these posts back and forth. If everyone is OK, I will schedule a call for tonight at 10.30 PM as I have class.
Let me know if that works for you guys or if it is too late, then we can have it tomorrow at Noon.
Thanks,
Varsha
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ajthakur
07-14 06:54 PM
So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.
Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.
Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.
more...
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abd
09-14 03:02 PM
Here is detail. i changed job based on AC21 portability. Did not file papers.
Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.
A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.
Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.
Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
The application for adjustment has been pending for more thna 180 days and
the new permanent position is in same or similar occupational classification as original employment.
If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
:) Working with attorneys to get the papers ready....
Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.
A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.
Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.
Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
The application for adjustment has been pending for more thna 180 days and
the new permanent position is in same or similar occupational classification as original employment.
If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
:) Working with attorneys to get the papers ready....
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uma001
03-21 03:30 PM
****Plus $12K and then what? You will leave the firm in 6 months.****
Working for them till I get green card itself a big thing.You know getting green card takes a decade. How can you leave in 6 months just after filing.
BTW,Are you the owner of one of these companies?
Companies,
Don't show green card fruits before hiring an employee...Just be frank. Say it if you dont do green card before hiring , not after joining.
Working for them till I get green card itself a big thing.You know getting green card takes a decade. How can you leave in 6 months just after filing.
BTW,Are you the owner of one of these companies?
Companies,
Don't show green card fruits before hiring an employee...Just be frank. Say it if you dont do green card before hiring , not after joining.
more...
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jonty_11
12-13 10:13 AM
Count me and 2 more members with me....lets have a plan..and execute it.
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akred
06-12 11:52 AM
CIR needs to die for the simple reason that the processing workload for the illegals on the USCIS will add another 3 years of wait for everybody. Simple fact of the matter is that the system has not finished recovering from the last 245(i) amnesty that ended in 2001. That was when the DOL received 6 years of applications in one week and everybody ended up waiting 3 years or more.
more...
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EB3_SEP04
05-26 06:41 PM
I haven't heard anything like this (yes random checks I seen by cops in NJ) but not searching all cars on a highway and then verifying if everyone is legal and harassing them if they have not carried their immigration papers.
I read long ago after 9/11 that law enforcements used this tactic to jail folks who were suspected terrorists but if they are using this to discourage immigration (legal immigrants) it would be a real shame.
where are these commands coming from its not like one county suddenly gets up and starts doing random inspection, their must be a higher authority who is making these rules
I think the law/rule was passed/enacted in late 2008 by prev govt to make some psychos happy. It is a big problem in AZ and CA where these people routinely get in the commercial buses and ask everyone's status. so ACLU posted signs in buses telling people their rights. see my OP.
I read long ago after 9/11 that law enforcements used this tactic to jail folks who were suspected terrorists but if they are using this to discourage immigration (legal immigrants) it would be a real shame.
where are these commands coming from its not like one county suddenly gets up and starts doing random inspection, their must be a higher authority who is making these rules
I think the law/rule was passed/enacted in late 2008 by prev govt to make some psychos happy. It is a big problem in AZ and CA where these people routinely get in the commercial buses and ask everyone's status. so ACLU posted signs in buses telling people their rights. see my OP.
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kvrr
01-16 05:42 AM
Signed up for $100/month recurring payment. Thanks for setting this up.
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Naveen
04-08 09:09 AM
Well..you cut your BS first..just because Its not first hand doesnt mean it is unreal..just because I posted on IV doesnt mean I expected IV to take up this case..just b'coz sucker like you saw two different lanes in the airport doesnt mean all airports are like that..I posted my experience in the airport I travelled thru..I dont have to prove to morons like you.
huh... _ _ ^ _ _ :cool:
GC, I know you feel like everyone is picking on you but you have to understand its hard for some of us to believe such a thing could happen. A friend's friend story doesn't help either. I do believe you had the best intention in posting this so that people who are traveling can be aware of a potential hassle and be prepared to answer questions.
Now we can eliminate all the guessing and skepticism by just calling your friend and asking for the details of the person who was sent back. If you don't have the time send me a PM with your and your friends email ID and I will followup with him to find out what really happened. Think of it as a fact finding mission and I will help you anyway I can to get to the bottom of this and it will also help a lot of the people here to understand the real situation. Would you be willing to help?
huh... _ _ ^ _ _ :cool:
GC, I know you feel like everyone is picking on you but you have to understand its hard for some of us to believe such a thing could happen. A friend's friend story doesn't help either. I do believe you had the best intention in posting this so that people who are traveling can be aware of a potential hassle and be prepared to answer questions.
Now we can eliminate all the guessing and skepticism by just calling your friend and asking for the details of the person who was sent back. If you don't have the time send me a PM with your and your friends email ID and I will followup with him to find out what really happened. Think of it as a fact finding mission and I will help you anyway I can to get to the bottom of this and it will also help a lot of the people here to understand the real situation. Would you be willing to help?
rck4evr
09-10 02:25 PM
They just started talking about immigration. I can read the name clearly but I think its Zoe Lofgren. She is talking about a lady who was deported because of immigration issues.
perm2gc
12-27 12:34 AM
One More
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http://www.chicagosamachar.com/default.php?ad_id=9049
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