sanju
02-05 09:40 PM
My wife received the FP notice 3 weeks ago and her FP is tomorrow. I never received it even though I am the primary applicant. I do see updates on my I-485 application but no FP notice. The USCIS center is quite far away from my home. Can I try to go there with my wife and see if they can do my FP also tomorrow or is that a lost cause?
This happened to me twice in last 3 years and this is what I can tell you from my experience.
All member of the family should go for the finger print because often times figer print notices are lost in the mail. I went to the IO at the center and told IO officer that I did not receive the FP notice. She checked in the system and said that FP notice was sent for me as well. IO officer printed a FP notice right at the spot and handed that to me so that my wife and I could give finger prints together. If you do not give the finger print, the risks is that CIS may send you another notice or may send you the "last notice" before considering your application as abandoned.
I would say - better safe than sorry.
This happened to me twice in last 3 years and this is what I can tell you from my experience.
All member of the family should go for the finger print because often times figer print notices are lost in the mail. I went to the IO at the center and told IO officer that I did not receive the FP notice. She checked in the system and said that FP notice was sent for me as well. IO officer printed a FP notice right at the spot and handed that to me so that my wife and I could give finger prints together. If you do not give the finger print, the risks is that CIS may send you another notice or may send you the "last notice" before considering your application as abandoned.
I would say - better safe than sorry.
ragz4u
02-18 12:57 PM
I suspect there may be a backdoor to it
I don't think so....let me explain what happened when I moved from one state to another.
When I was in the state of Washington, they did not ask me for any document like H1 etc. This was 3 years ago. When I moved to PA (mid 2005)though, the DMV asked me for my H1 doc. The date of expiry was alright, but they had other problems.
Since I work for a consultancy firm based in NYC (and the client was in PA), they were not ready to even give me a license (since my employer was based in NY). I literally had to fight with the DMV manager to get my license. And yeah, he asked my employer to provide me a letter that said that I would be based in PA for next 3 years and what my income is (god knows what that has to do with my license)
I was fortunate that my consultancy firm was considerate and finally gave that letter to me even though the contract was initally only for 3 months. If they would not have given such a letter I would not have got a PA license and might have to go to NY to get a license from there!
But the DMV manager did explain to me that this was part of new regulations being implemented since last couple of years.
I have been through this and had to go to the DMV three times before I finally got my license.
And I endured all this while my H1 is still valid for a few years. Imagine the above if my H1 was valid for less than 1 year?
Why are we going through such a painful experience in spite of being 100% legal????
I don't think so....let me explain what happened when I moved from one state to another.
When I was in the state of Washington, they did not ask me for any document like H1 etc. This was 3 years ago. When I moved to PA (mid 2005)though, the DMV asked me for my H1 doc. The date of expiry was alright, but they had other problems.
Since I work for a consultancy firm based in NYC (and the client was in PA), they were not ready to even give me a license (since my employer was based in NY). I literally had to fight with the DMV manager to get my license. And yeah, he asked my employer to provide me a letter that said that I would be based in PA for next 3 years and what my income is (god knows what that has to do with my license)
I was fortunate that my consultancy firm was considerate and finally gave that letter to me even though the contract was initally only for 3 months. If they would not have given such a letter I would not have got a PA license and might have to go to NY to get a license from there!
But the DMV manager did explain to me that this was part of new regulations being implemented since last couple of years.
I have been through this and had to go to the DMV three times before I finally got my license.
And I endured all this while my H1 is still valid for a few years. Imagine the above if my H1 was valid for less than 1 year?
Why are we going through such a painful experience in spite of being 100% legal????
god_bless_you
03-15 11:20 AM
http://www.immigrationportal.com/showthread.php?t=207073
mbartosik
01-30 08:42 PM
http://www.dhs.gov/xlibrary/assets/real_id_final_rule_part1_2008-01-11.pdf
http://www.dhs.gov/xlibrary/assets/real_id_final_rule_part2_2008-01-11.pdf
See 37.21 of part 2.
Some states stood up for us, but DHS just don't understand.
http://www.dhs.gov/xlibrary/assets/real_id_final_rule_part2_2008-01-11.pdf
See 37.21 of part 2.
Some states stood up for us, but DHS just don't understand.
more...
gaz
11-18 01:36 PM
background -
A friend is currently working full time with a large financial company where there are many layoffs going on. She has 140 approved, but her H1 is valid only till Sept 2009 (6 years complete; no date recoup possible).
H1 extension cannot be filed until 6 months prior to expiry i.e. Apr 2009.
questions -
If she gets laid off (next round of layoffs are expected in dec), can she still:
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
2) file a new labor and port her PD from the approved 140?
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
Thanks in advance!!
A friend is currently working full time with a large financial company where there are many layoffs going on. She has 140 approved, but her H1 is valid only till Sept 2009 (6 years complete; no date recoup possible).
H1 extension cannot be filed until 6 months prior to expiry i.e. Apr 2009.
questions -
If she gets laid off (next round of layoffs are expected in dec), can she still:
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
2) file a new labor and port her PD from the approved 140?
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
Thanks in advance!!
ajaykk
07-27 03:30 PM
From the below FAQ2 just release by USCIS
Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 � July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
A21. Yes.
Does this apply only for ppl who have filed between July 2nd and July 17th.?? How about for people who have filed & filing between July 17th thru Aug 17th? Wud the same rule applies to them too? Any inputs on this?
Many of the law-firms including mine are just filing 485 not EAD & AP. If this rule is for everyone I'll apply EAD and AP myself after I receive proof of delivery from my attorney.
Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 � July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
A21. Yes.
Does this apply only for ppl who have filed between July 2nd and July 17th.?? How about for people who have filed & filing between July 17th thru Aug 17th? Wud the same rule applies to them too? Any inputs on this?
Many of the law-firms including mine are just filing 485 not EAD & AP. If this rule is for everyone I'll apply EAD and AP myself after I receive proof of delivery from my attorney.
more...
shadowbuddy
03-16 09:35 PM
My labor application for GC (pre-PERM) was lost in the Dallas BEC and DOL was never able to find it. However, in my case we had gotten a receipt and also had proof of mailing etc. We had to resubmit the labor application and DOL immediately approved it within a week. However, because of the delay caused I missed the window for filing I-485. I had to wait for more than a year, till my PD became current to apply for I-485.
Thanks,
Prasad
Thanks Prasad.
We are sending everything back certified mail tomorrow AM. Our big problem is that announcement regarding April's retrogression. We are REALLY hoping USCIS honors our original filing date of Nov. 08. Our PD was current right up until this month.
fingers crossed!
Thanks,
Prasad
Thanks Prasad.
We are sending everything back certified mail tomorrow AM. Our big problem is that announcement regarding April's retrogression. We are REALLY hoping USCIS honors our original filing date of Nov. 08. Our PD was current right up until this month.
fingers crossed!
mn2007
07-03 04:44 PM
If you are a resident of Karnataka, TN, AP or Kerala, you need to schedule an appointment with Chennai consulate. With regards to PIMS, I guess consulates wll ask for this info. well in advance once you schedule the appointment. I got my VISA stamped from Chennai cosnulate during my visit in Feb and received my passport in 3 days. My wife who is in India now got her VISA stamped last month and the stamped passport was returned in 2 days. I don't think you need to worry too much about PIMS since the system is more streamlined now.
-MN
-MN
more...
boreal
09-24 05:48 PM
Hi Gurus,
I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.
I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.
Are there any catches in this rule.
Please advise me.
I am no guru, but my understanding is that the old employer should not revoke/withdraw your I-140 AND he should not do fishy business with the LC itself that the I-140 is based upon, meaning should not substitue your approved labor with someone else. (Knowing most desi consultancies (if you belong to one), i am pretty sure, he will try to sell the old approved LC).
R
I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.
I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.
Are there any catches in this rule.
Please advise me.
I am no guru, but my understanding is that the old employer should not revoke/withdraw your I-140 AND he should not do fishy business with the LC itself that the I-140 is based upon, meaning should not substitue your approved labor with someone else. (Knowing most desi consultancies (if you belong to one), i am pretty sure, he will try to sell the old approved LC).
R
godspeed
01-26 12:10 PM
I moved to a different state with pending 485, however i paper filed AR-11.
My 485 apps had soft luds within couple of days.
Filed for ead and ap renewal from new address and got it at new address, i havent faced any issues with change of address.
I am planning to move to different residence. My 485 application is currently pending.
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
My 485 apps had soft luds within couple of days.
Filed for ead and ap renewal from new address and got it at new address, i havent faced any issues with change of address.
I am planning to move to different residence. My 485 application is currently pending.
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
more...
jonty_11
08-01 01:16 PM
looks like she found out that the higher fees were only going to be used to hike the salary of executives at USCIS and not for increasing their efficiency....
anurakt
12-27 09:41 AM
Hi Everyone,
Just wanted to give an update of the tri state meeting on 12/24 happened last sunday. Eight to Nine members attended this meeting and folliwing were the discussions points :
Pappu gave us an update and insight in to IV's working and what is going on. This changed lot of members thinking about IV , i.e. members learnt on how much political capital the core and IV has gained in the past 1 year. How without much money and only with grass root operation we have acheived so much . Also Pappu gave us na update on where is everyhting currently. I cannot give those details for obvuious reasons , but the members present at the meeting know what I am talking about. We further discussed that how important it has become that instead of just concentrating in DC , we need to energize ousrselved in each and every state. This is very important as we have time only till Aug 2007 to acheive whatever we can, after which the presidential campaign would take over everyhting.
Members were informed about on how the contribution has been used currently %ge wise. Also at the meeting it was dicussed that the whole face of the IV looks very Indian ad other ethinic communities who too are retrogressed are not involved. Thus it was urged to those members especially from other ethinic communities to please come forward and get more faces in,this would make IV a complete representation of the current retrogression.
Also in the dicussions we told members that we need to be riding on our own identitiy and should not mix our goals with illegals. Anytime we talk about IV we should maintain phrases like "High Skilled Legal Immigrants" "paying taxes" etc etc. This is very importnant for meet the lawmakers program , as this will create our own identiity and political capital.
Meet the lawmakers is a very important program and members are urged to please participate in numbers as much as possible, there may be a chance that people from a particular state may have to show up in hundreds near some senators office who may be very important for our goals. Please do not ask the names , if interested please join state chapeter meeting and if you don't have one, please start one and ask a core to join you.
The JOB of IV is just not CIR, CIR would be the first win and there are more fights after CIR. IV wants to be the face of any legal immigrant issue resolution in this country and wants to make sure that the political capital and efforts we created doesn't go wasted after retrogression is finished.... We want tobe an organization which can be effective in country and help all those who are or who may be facing similar situation in coming years. The job won't finish with CIR, IV may need to work further on things like USCIS inefficiencies... FBI name check and other issues. To accomplish all this we need to be bigger stronger and grsass root level organization.
I urge members from other state to please keep contributing and attend state chapter meeting.... Friends beleive me when you meet in the chapter meeting , the kind of updates you get is 1000 times more than what you see on the online forum.
I would also request other members who attended this meeting to please write their post meeting views.
Last but not the least , I would like to thank every member who participated to make it a sucesses and other members who could not participate due to personal issues, I am sure they will make it next time (Please get up early:) :) )
Just wanted to give an update of the tri state meeting on 12/24 happened last sunday. Eight to Nine members attended this meeting and folliwing were the discussions points :
Pappu gave us an update and insight in to IV's working and what is going on. This changed lot of members thinking about IV , i.e. members learnt on how much political capital the core and IV has gained in the past 1 year. How without much money and only with grass root operation we have acheived so much . Also Pappu gave us na update on where is everyhting currently. I cannot give those details for obvuious reasons , but the members present at the meeting know what I am talking about. We further discussed that how important it has become that instead of just concentrating in DC , we need to energize ousrselved in each and every state. This is very important as we have time only till Aug 2007 to acheive whatever we can, after which the presidential campaign would take over everyhting.
Members were informed about on how the contribution has been used currently %ge wise. Also at the meeting it was dicussed that the whole face of the IV looks very Indian ad other ethinic communities who too are retrogressed are not involved. Thus it was urged to those members especially from other ethinic communities to please come forward and get more faces in,this would make IV a complete representation of the current retrogression.
Also in the dicussions we told members that we need to be riding on our own identitiy and should not mix our goals with illegals. Anytime we talk about IV we should maintain phrases like "High Skilled Legal Immigrants" "paying taxes" etc etc. This is very importnant for meet the lawmakers program , as this will create our own identiity and political capital.
Meet the lawmakers is a very important program and members are urged to please participate in numbers as much as possible, there may be a chance that people from a particular state may have to show up in hundreds near some senators office who may be very important for our goals. Please do not ask the names , if interested please join state chapeter meeting and if you don't have one, please start one and ask a core to join you.
The JOB of IV is just not CIR, CIR would be the first win and there are more fights after CIR. IV wants to be the face of any legal immigrant issue resolution in this country and wants to make sure that the political capital and efforts we created doesn't go wasted after retrogression is finished.... We want tobe an organization which can be effective in country and help all those who are or who may be facing similar situation in coming years. The job won't finish with CIR, IV may need to work further on things like USCIS inefficiencies... FBI name check and other issues. To accomplish all this we need to be bigger stronger and grsass root level organization.
I urge members from other state to please keep contributing and attend state chapter meeting.... Friends beleive me when you meet in the chapter meeting , the kind of updates you get is 1000 times more than what you see on the online forum.
I would also request other members who attended this meeting to please write their post meeting views.
Last but not the least , I would like to thank every member who participated to make it a sucesses and other members who could not participate due to personal issues, I am sure they will make it next time (Please get up early:) :) )
more...
thomachan72
06-07 07:40 PM
cant see the daily update thread. dont know what happened
krishnam70
05-08 11:28 AM
Now they want to visit client place for the H1b people.
There are only 415,000 H1-b holders in USA.
And number of employed labor in USA are 144 million. (as per DOL)
And we form 0.28% of the workforce in the entire USA.
Why the hell they are whining about 0.28% ??
Can anybody tell me if i am wrong with numbers here?
---------------------------------------------------------
05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits
Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.
---------------------------------------------------------
---------------------------------------------------------
Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
2008: 409,619
2007: 461,730
2006: 431,853
2005: 407,418
2004: 386,821
Reach of H-1B Cap in Recent Fiscal Years
2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
2009: 1 day
2008: 2 days
2007: 56 days
2006: 132 days
2005: 184 days
2004: 323 days
The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?
---------------------------------------------------------
I know cos it happened at my workplace
-cheers
kris
There are only 415,000 H1-b holders in USA.
And number of employed labor in USA are 144 million. (as per DOL)
And we form 0.28% of the workforce in the entire USA.
Why the hell they are whining about 0.28% ??
Can anybody tell me if i am wrong with numbers here?
---------------------------------------------------------
05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits
Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.
---------------------------------------------------------
---------------------------------------------------------
Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
2008: 409,619
2007: 461,730
2006: 431,853
2005: 407,418
2004: 386,821
Reach of H-1B Cap in Recent Fiscal Years
2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
2009: 1 day
2008: 2 days
2007: 56 days
2006: 132 days
2005: 184 days
2004: 323 days
The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?
---------------------------------------------------------
I know cos it happened at my workplace
-cheers
kris
more...
Saralayar
05-21 07:59 PM
Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?
Is it 120 business days or just week days?
Is it 120 business days or just week days?
honeyB
01-23 04:21 PM
bump
more...
rskanth
08-18 12:25 PM
It takes average 3 - 6 months for I-140 to get approved(I got it in 40 days), but like lot of other people i am stuck with retrogression :(
Almond
07-17 07:34 PM
Does it really matter if the same questions get asked over and over? That's why this place is here, to help us, right? If you don't have the patience to reply to someone don't and someone else will help that individual. What's annoying is when people post the same darn links and quotes from other websites over and over sometimes back to back without bothering to read through a thread. Otherwise, asking questions for clarification is not an issue since this is the PURPOSE of this forum. And yes, you can search the forums, but if your question has been answered months ago I wouldn't rely on that, I'd rather find out a more current answer. This whole place is so sensitive, it's amazing.
go_gc_way
07-18 07:45 PM
Hello Atul
I agree only crying baby gets milk.
But only lucky applicants get green card :). Its not based on eligibility alone.
Now about protests and demonstrations. I dont think it will work in the US for a myriad of reasons.
I think every year about 30K or more people are coming from India
on H1B. I think half of them apply for GC. At least 200K Indian nationals
alone waiting in the line for GC. Why IV has only 5k? We should have atlease 50K members.
A working plan would be get atleast 100K people to our organization and have everybody contribute $100. That would give us $10Million. We can hire top people and companies to get it done. And donate big funds to these politician.
What I told is just a dream. Most of us here are free riders. In my company there are 5 people who are affected. I'm the only who checks regulary this site. I have to tell them again and again and again to send a fax or donate.
So what to do?
thanks
babu
Why only 5k and why only less contribute ? This time there is a membership drive, all need sincerely try increase membership of the forum.
I agree only crying baby gets milk.
But only lucky applicants get green card :). Its not based on eligibility alone.
Now about protests and demonstrations. I dont think it will work in the US for a myriad of reasons.
I think every year about 30K or more people are coming from India
on H1B. I think half of them apply for GC. At least 200K Indian nationals
alone waiting in the line for GC. Why IV has only 5k? We should have atlease 50K members.
A working plan would be get atleast 100K people to our organization and have everybody contribute $100. That would give us $10Million. We can hire top people and companies to get it done. And donate big funds to these politician.
What I told is just a dream. Most of us here are free riders. In my company there are 5 people who are affected. I'm the only who checks regulary this site. I have to tell them again and again and again to send a fax or donate.
So what to do?
thanks
babu
Why only 5k and why only less contribute ? This time there is a membership drive, all need sincerely try increase membership of the forum.
pthoko
07-05 03:07 PM
Hi All,
Please clarify my doubts if you can.
The G-325A form is asking for dates of previous employment. I have an issue here.....
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
Any advice is appreciated. I'm afraid to talk about this to my current company attorney....
Thanks.
Please clarify my doubts if you can.
The G-325A form is asking for dates of previous employment. I have an issue here.....
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
Any advice is appreciated. I'm afraid to talk about this to my current company attorney....
Thanks.
Raj_2009
01-14 07:50 PM
Dear Experts,
Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)
Questions :
1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.
2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).
4. Pl. let me know which situation I am in(overlap or Gap)?
Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.
Thanks and Regards,
Raj
Dear Experts,
Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)
Questions :
1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.
2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).
4. Pl. let me know which situation I am in(overlap or Gap)?
Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.
Thanks and Regards,
Raj
Hi Gurus,
I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in a senior systems engineer position. This is the typical AC21 case like everyone experienced.
Now My new company is ready to file green card
My Questions are ,
1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?
2. While filing EB2 for the same job that moved in to the new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?
3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?
Kindly answer these questions.
Thanks,
Raj
Hi Gurus,
I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in the senior systems engineer position. This is the typical AC21 case like everyone experienced.
Now My new company is ready to file green card
My Questions are ,
1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?
2. While filing EB2 for this new Job in this new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?
3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?
Kindly answer these questions.
Thanks,
Raj
Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)
Questions :
1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.
2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).
4. Pl. let me know which situation I am in(overlap or Gap)?
Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.
Thanks and Regards,
Raj
Dear Experts,
Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)
Questions :
1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.
2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).
4. Pl. let me know which situation I am in(overlap or Gap)?
Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.
Thanks and Regards,
Raj
Hi Gurus,
I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in a senior systems engineer position. This is the typical AC21 case like everyone experienced.
Now My new company is ready to file green card
My Questions are ,
1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?
2. While filing EB2 for the same job that moved in to the new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?
3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?
Kindly answer these questions.
Thanks,
Raj
Hi Gurus,
I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in the senior systems engineer position. This is the typical AC21 case like everyone experienced.
Now My new company is ready to file green card
My Questions are ,
1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?
2. While filing EB2 for this new Job in this new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?
3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?
Kindly answer these questions.
Thanks,
Raj
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