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Saturday, June 25, 2011

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Templarian

11-26 11:09 AM

While I quite like TheCanadian's idea, you can use the one I made. :lol:

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usirit

11-21 12:14 AM

You are from ROW....here are some things to consider....

Is your new employer filing your GC under EB-2? If the answer is yes, then you should definitely take the new job and re-file GC and not worry about your EB-3 perm that is pending.

If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).

You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.

Hope this helps. Good luck.
Thank you for your quick reply 'loudoggs'... of course it helps and it raise my confidence on the IV group....

I've actually just e-mailed the new employer attorney in order to evaluate the possibility of filling on a different employment-based category. Do you think I will be able to evaluate if I fit on EB-2 rather than my current category EB-3?

Comparing employers (IT field) the new one is offering a more up-to-date technology and improved package but I am so attached to my current one...

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cox

November 26th, 2005, 08:16 PM

Thanks, Henrik! I think I have some way to go before I'm doing gallery quality macro like Gary, but I appreciate the complement. I like the dark one too.

Anybody went for H1 Visa Stamping at Matamoros, Mexico Lately. [Archive] - Immigration Voice

View Full Version : Anybody went for H1 Visa Stamping at Matamoros, Mexico Lately.

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desi3933

02-04 04:47 PM

My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered......

Did she ever report for work for H-1B employer in 1998?
Was her original H1 visa cancelled or revoked?
Are 60 days up since her B1 visa entry?
Does she has valid job offer along with recent LCA?

If her H-1B visa number was re-used, she my be subject to H-1B visa cap.

____________________
Not a legal advice.

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chanduv23

03-14 12:58 PM

Don't ignore Dubai. It is a boom town and will give red carpet welcome to your wife because she is a US trained doc. I know of a few Indian docs who were on J1 visa and never got waiver jobs went to work in Dubai instead because with US degree they can practise there without any major issues. Dubai is good for IT folks too with the internet city. You may want to google and find more about Dubai's requirements.

hopein07 - thanks a ton again

Thats news. We recently had a layover in Dubai when we flew emirates and Dubai seems to be an exciting place.

Any idea about Australia?

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knnmbd

07-14 01:48 PM

EB3 retrog is completely hopeless in next 2 or 3 years unless the legislation release is passed. Lobbying is the only way to influence.

2 to 3 years is just wishful thinking. This is a permanent problem that we are faced with. Not to mention all the delays at the AOS stage including FBI checks and all that jazz. The only hope is the SKIL bill. WE NEED THIS MORE THAN ANY THING ELSE. I think we are at the cross-roads and this bill will well determine our future in this country

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lazycis

05-07 01:22 PM

from AC21 memo issued on December 27, 2005

Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.

So find a new job before I-485 is approved.

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MahaBharatGC

10-14 01:39 PM

agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...

But then my dear.. where's the money...

Gov: Show me the money?
USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
Gov: why are you not moving dates and making more money?
USCIS: Okay we'll issue 2year EAD and accept more new apps...
and so on...

Well said and may be we should add to Show me the money...
USCIS: We should implement a application storage fee for each pending I-485 which should be paid every year to determine if the person is still in work?
Very very ridiculous!!!

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newbee7

04-12 02:48 PM

If I were you, I would send a letter with the facts. I do not see a downside to this. On the upside, if the employer decides to settle you could potentially get some of your money back.

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cdeneo

04-02 10:12 PM

Related question:

You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?

Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.

Would like to hear from others of what they think about this?

The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.

According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.

Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.

Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.

Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.

Ams

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anai

07-19 08:03 AM

If you are sponsoring your spouse, you need to submit an affidavit of support. It is I-134. This forms needs for you to submit bank statements, tax returns etc. with it.

This is incorrect.

The easiest way to address such questions is to take a few minutes to read the instructions to the form I-485 (which is available on the USCIS website at http://www.uscis.gov/files/form/i-485.pdf). An affidavit of support is needed in the EB context, only if the applicant's family owns 5% percent or more of the sponsoring employer.

Sending tax forms, W-2, bank statements, etc. is part of the overdocumentation approach. But note that these are not required.

This question has been asked and answered many times. So please (a) search the forums before opening new threads and (b) read the instructions to the form.

Also, if any of the answers on this thread were useful, consider contributing to IV.

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ArunAntonio

05-14 07:14 PM

'Cautious Optimism' are the key words folks ;)
-- as some else put it in another post .. this has not cured us of the retrogression ailment, this is just a pain killer.
We should move ahead as planned. My support for IV core as usual.

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rajeshalex

12-10 02:18 PM

Check with the new company whether they can give an Employment verification letter which matches the roles mentioned in ur labor?
Designation and pay doesnt matter.

What matters is a permanenet job offer letter and duties should match the
labor.

Rajesh Alex

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sandy_anand

04-08 05:11 PM

Well glad that at least all the lawyers' websites experienced lots of traffic these past few days. Happy for them. Only visible benefit from Mr.Oppenheim's dramatic announcement about the 12000 additional visas. :rolleyes:

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fatjoe

09-02 10:57 PM

Is it possible to let us know their RD and ND too? Just wanted to find the pattern on how TSC is approving the case. That would be much helpful for those who are waiting.

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GCWhru

08-20 11:41 AM

We are also in the same situation. Mine got approved on Aug 11th but no LUD on spouse's case.

We had a Infopass appointment today, very nice IO informed us that NC and BC are cleared and case is still pending at TSC.

He asked me to call 1800 and open a status inquiry (SR), but I requested him to open one for me, since I have/had very tough time with 1800. He was kind enough to open a SR and gave me the reference number too. He also informed me that I will be receiving a mail from USCIS within 30 days explaining the status of the case.

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krishnam70

02-22 09:40 PM

Hi Kris,

Can you please give the source from where you heard about this info? There are a lot of rumors being spread without any reason behind them. So this is important to find the source of the info before we get panic or make decision.

Thanks.

Amulchandra

I can assure you this is not a rumor and has happened recently in my colleague's team. I agree that this might cause lot of doubts in people's minds but I just wanted to share the info so that people don't get in to trouble. It is quite possible that this is a one off incident. People should share such information if it come's to their attention. This guy was told to return from POE

Regarding the rights of the IO at POE. I am not sure if it is within the right of the IO to decide in this case but I have read somewhere that the IO has the power to decide whom to allow or not according to the interpretation of law. I am not sure what law was used to interpret the situation here by the IO

If this post has caused unnecessary concerns I urge you to ignore it. If people who are back from visiting other countries or trips back home can post their experiences at the POE or any contradicting information then this one could just be a one off case..

good luck
kris

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avi101

05-19 04:30 PM

A few more questions:

1. While the I-140 is pending, can I get a different lawyer to file the I-485?

2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?

3. Can my employer withdraw the I-140 AFTER it's been approved?

Please advise me.

1. Yes you can.. but how is it going to help? you still need your employer's support letter and I140 receipt notice. Read all the posts carefully.

2. No problem. But why? Your employer is your 1st problem, lawyer 2nd. Lawyer is going to listen to your employer for labor and I140. They have to legally. you need to get the employment letter and I140 notice. Law firms and employer are not legally obligated to provide you I140 related information as its employer who is petitioning for you.

3. Yes.

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fide_champ

06-25 04:14 PM

My lawyer claims she seems to be getting all the information from USCIS and Aila but i cannot believe that she missed this simple one. They don't even realize how it can screw people's careers. If i don't get the application back within 2 weeks, i am screwed forever.

TeddyKoochu

01-06 03:41 PM

Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.

Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that

"Evidence that the alien has judged the work of others, either individually or on a panel;"

This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.

The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.

Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).

In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.

Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.

delax

07-16 05:41 PM

"Rumors have been rampant about whether (and, if so, how) Department of Homeland Security and/or Department of State are going to address their actions resulting in the refusal of adjustment of status filings for most employment-based applicants in July and for 'other worker' applicants during June. There have been efforts, including EXTREMELY active efforts by AILA and AILF, on all possible fronts to pressure the government into remedying its own actions. However, as of this writing nothing has been resolved and it is not known if it will be resolved without litigation. The situation is extremely fluid, and as soon as there is something FACTUAL to report, it will be posted immediately on InfoNet."

lesakahat

Saturday, June 25, 2011

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