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  • Ramkumar
    03-17 10:58 AM
    Hi,

    I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.

    It would be great if I get answer the below my Question:

    1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
    2. What are the documents needed from employer A, if I want apply I-485?
    3. All my friends telling me, I can apply I-485, Is it true?

    Tons of Thanks,
    Ramkumar





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  • surge
    02-18 05:18 PM
    Hi Surge
    You should then consult a lawyer.

    i did. different lawyers said different thing so i do not know who is right and who is wrong.

    should i make an infopass appointment and idscusss it with them?





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  • hary536
    05-18 07:41 PM
    Hi,
    My Company has decided to have a force shutdown one day per week starting from this month. So now we will be working 4 days instead of 5 days. We also cannot use PTO during these days. So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only.

    Does this affect my legal H1 status? Will i still remain in valid legal H1 status, even if i work and get paid for 32 hrs?
    Am i still considered full-time? Or is there any amendment needed to be filed? How can i determine, if there is any amendment needed to be filed? If needed, does the company have to file both H1B and LCA amendment or just LCA.
    When one files amendment, is it like again the entire process of H1 approval and can the amendment be rejected?
    Also if they file LCA amendment, then do they have to show and pay the salary according to current year? or the year when they initially filed my LCA first time?


    If i try for H1B transfer after few months,can that be denied due to paychecks of 32hrs salary only used for H1 transfer?

    Pls help, if you have any idea about this kind of situation. Lot of companies are having shutdowns and salary cuts this year? How is it handled in your companies guys?

    Currently, I am working on H1B since Oct'08.
    My company has decided to have forced shutdown 1 day per week. So All employees will be working and paid for only 32 hrs instead of 40.We cannot use the paid leave also.
    In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K

    My questions:
    1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
    2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
    3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
    4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
    5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?

    Anyone pls advise? I am really tensed.





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  • thomachan72
    07-06 11:55 AM
    Answers to your questions.
    (a) That could be tough, but check with your attorney. Or check if you or your husband's company has any unused LCs. Remember that LC substituion can be done only until July 17th (could be 16 or 18th, please get this confirmed), so you have to act fast.
    (b) No.
    (c) No. I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension. Your best bet would be to work on an EAD if you were eligible to apply for 485. Talk to your attorney.

    Good luck

    Thanks,
    Jayant
    ?????????



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  • gg_ny
    11-06 05:14 AM
    Employers need to have already declared whether their sponsoring of H1B's result in use of available numbers or exempted from it. They need to substantiate, I believe, with tax documents among other things. The applicant, or USCIS does not decide the category; rather, USCIS can deny an application if it deems an organization, and/or rarely, a position, is NOT 'not for profit': Eg. fully non-profit RD wing of a commercial company rarely gets
    designated as non-profit and the H1B's are mostly within the cap.

    No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.





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  • walking_dude
    10-23 11:03 AM
    I have created this thread to communicate and track MI chapter activities on creation of eGroups to serve the needs of the MI chapter

    1) Data on 10/20 meet has been compiled and documented. Minutes of the Meeting will be provided to the attendees soon through a secure eGroup (files/document section)

    2) Work in progress to provide a secure, trusted E-group which provides the best features available to our community. Pilot groups have been created in Yahoo and Google to study the features, ease of use and ease of management (for the mods).

    Results so far

    Google
    ---------
    Pros :

    1) New.
    2) Has stacked thread view similar to Gmail.
    3) Ease of use (not much functionality to confuse users).
    4) Supports HTML pages and also commenting on those pages. Google search available to search the threads.
    5) New, hence not blocked in many offices ( esp mine :))

    Cons :

    1) Buggiest of the three! (I created a 'Restricted' group. None of the links are working)
    2) Key features such a Polls, Database missing.
    3) Limited management options.

    Yahoo
    ---------

    Pros :

    1) Stable
    2) Lots of management options. Powerful
    3) Powerful member features - Polls, Database

    Cons:

    1) Old/dated
    2) Text only ( unless you send E-mails externally)
    3) Options could be overwhelming to a new user!
    4) Blocked in many offices ( E-mails can still be received. Other features like Polls, Database need to be accessed from home)

    Right now, per my experience so far - Yahoo seems the best option. Let me know your ideas.

    And once we decide on a platform

    1) I need 2-3 days to setup the group to meet groups needs and expectations.
    2) MI meet attendees will be sent invitations to join the group.
    3) Others who responded to the Meet invitation but couldn't attend will be contacted to check if they wish to join the group
    4) MI chapter eGroups successfully launched!



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  • Krilnon
    04-23 05:24 PM
    what does this mean? does that mean my computer needs to be down-graded to DirectX 7?All versions of DirectX (except 10) are supposed to be fully backwards compatible with previous versions, so you should never have to revert.





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  • WeShallOvercome
    07-27 02:13 PM
    Thanks.
    I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
    But my attorney said its no use to beat the system and I should wait till october.
    I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.

    Every day matters as the counter is 180 days. It is like a time bomb clock.

    I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.

    When you mark your calendar, mark it for 182 days to be safe. You never know USCIS and these employers.. Keep yourself safe from all the complications that might arise if you leave on 180th or 181st day (whether first day is included or not, can I leave on 180th day or do i have to wait for 180 days to complete blah blah.. ) :)



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  • yabadaba
    10-31 12:25 PM
    ita....google is ur friend

    just type in chennai consulate

    http://chennai.usconsulate.gov/





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  • chanduv23
    09-14 02:21 PM
    We are employee of employers - not chained slaves of employers.

    They can pay me less , they can scare me of revoking 140 , they can make me sign fictitious bonds for getting future employment letter BUT they can not take away my basic civil rights as a human being. As long as you professionally inform that will be taking day off for personal reasons - they are NOT supposed to ask what is that reason. You can tell the later unofficially that you attending Rally for peacefully supporting a good cause.

    As long as you are scared - they will play dirty tricks on you

    But if you are brave - they wont do it



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  • freddy22
    07-20 07:24 AM
    my son was charged with criminal mischeif 4th and a petty larceny charge - as a YOUTHFUL OFFENDER and under NY Law and US Law this is NOT a deportable reason for the INS to start proceedings - in othert words crimes charged under YOUTHFUL OFFENDER are not grounds for deportation or INS charges so is my research - am I right?





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  • dontcareanymore
    07-30 04:15 AM
    I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)

    I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.

    Thanks for the input.

    I think it is time for quick action :):)
    I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)

    At least you have a good problem , rather than rotting in various queues for a decade.



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  • mihird
    07-20 05:43 PM
    But my question is can you have BOTH of them. Some say you can have 2 H1s at the same time for different companies, so hence my question was, can you have an H1 and an L1 at the same time.

    Biju, whom did you ask, an immigration attorney or just on forums?

    A concurrent H1 and L1 should be doable too...much like two concurrent H1s...

    As long as you meet the requirements of the two visa categories, you should be able to hold both concurrently...

    My knowledge on L1 is limited, but I thought, unlike H1, L1 was not as much a dual intent visa...it required evidence of some times to the foreign domicile..although, I could be wrong...I faintly remember the laws governing L1 were signficantly changed a couple of years back...

    In short, if L1 is not much of a dual intent as H1, you might have trouble getting the two approved concurrently, but if they are equally dual intent, getting them concurrently shouldn't be a problem...





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  • ha002
    06-15 06:05 PM
    I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across



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  • lutherpraveen
    09-19 06:42 PM
    This is called Pork-Barrel politics. It refers to government spending that is intended to benefit a particular politicians view point in return for their political support on a non-related item.
    It is unfortunate that we are put in a situation to support an unethical (not illegal though) practise, but bottom line, this ammendment (if passed) will help us.
    My personal view is not to piggy-back our provisions with a bill that is either non-related (like the defense appropriation) or a moral opposite (illegal immigration).
    It would be so nice that if we have the clout to influence the law makers to have "our own" bill with just our provisions.
    I am sure we will achieve that goal with the progress IV is making in that area.

    How come a bill which talks about " ....authorize appropriations for fiscal year 2008 for military activities of the Department of Defense......" can link an amendment which talks about different thing i.e. "..Recapture of Unused Employment-Based Immigrant Visas..."





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  • english_august
    07-05 10:03 PM
    I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?

    A single bouquet to the USCIS, perhaps will meet that fate. 500 on the same day? Well, that's a news story and that's what we are trying to do here. ;)

    Moreover, I don't understand the argument that those $30 given to IV will be useful. I am sure it would be and I am a recurring contributor, but can't these 30 dollars be over and above what we give to IV? It shouldn't be an either-or situation. I think this is an action worth taking.



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  • samswas
    05-25 03:37 PM
    I think the problem is with the Poll.
    The moderator of the thread needs to correct it. I got my GC but when I try to go and poll change my status to card received it tells me I have already polled. Unless I am missing something.

    So 74 people were current (not sure how many of them got approved) and 24 polled to say they got approved.
    So mr moderator can u correct the poll ??

    Sorry guys ... Yes, problem is with the poll. I created this thread. When I created, I don't know that you can not change your response once you vote





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  • ss777
    12-01 07:35 PM
    It sometimes take longer than few days. During my years of getting AP's every year there are times I had my AP in hand within 3 days to almost 20 days. I am confident you will get your AP document much before the end of the month. Good luck with your travel plans.





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  • sanjose
    07-17 07:11 PM
    so this is only for ppl with BOTH white card and green card.

    what bout rest of us like who never been to canada or applied for canadian white card. if i get GC in future and visit canada, will I face any issues? just wondering?

    Please read this: Entering Canada • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)





    nk2
    06-17 12:15 PM
    There are a lot of IV members whose labor is not approved yet (like me) or did not have their 140 filed as of May 15.





    shree772000
    08-13 10:53 AM
    Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
    My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.



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