badds01
09-09 09:11 AM
My I-140 is approved in 2006 and now i have filed my I-485. My employer has not given me any kind of doucments like I-140 approved document or Labour Substitution document. The only form he gave is ETA 9035E after my substitue labour was approved. If I want to change job after 180 days using AC21 do I need any of doucments from this employer. If my employer is not ready to give , what is other alternative. Plesae advice.
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nag2007
10-11 04:45 PM
This situation is really bad. There are so many people who missed the deadline as their labor was stuck in BEC. USCIS should at least allow a one-time chance (like July 2nd) for such people to file 485. I was lucky to clear the labor stage earlier this year.
Ya...Atleast, they should allow us to file EAD. In that case my spouse can work. She did not get H1b this year(because of lottery system). She has PHD in CSE and sitting at home.
Ya...Atleast, they should allow us to file EAD. In that case my spouse can work. She did not get H1b this year(because of lottery system). She has PHD in CSE and sitting at home.
gc4me
12-03 03:39 PM
I called the customer service # on 11/04 and the guy told me that he is sending email reguest for my FP and I got FP notice (my attorney's office also got one) on 11/13. Hope this helps.
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venky08
01-05 10:21 PM
funny that you said that...man we all go through the same things...my 3 year old is the same way...wait till yours get to be 3 year old...then they *own* that space and there is nothing you can do about it...:) i suggest you should start letting your kid sleep in a different room from now on before its too late like my case
(:Ddisclaimer: i am not a pediatrician, so consult one before you do that:D:D:D)
Especially after when you have kids. You are booted out of your bed and the kids take your place.
Believe it or not I got so sick of sleeples nights (my 18 months old kid virtually rotates like a clock on bed all night long) that I had to buy a twin size sofa bed and place it next to our King Size bed. These days I am sleeping on that bed.
(:Ddisclaimer: i am not a pediatrician, so consult one before you do that:D:D:D)
Especially after when you have kids. You are booted out of your bed and the kids take your place.
Believe it or not I got so sick of sleeples nights (my 18 months old kid virtually rotates like a clock on bed all night long) that I had to buy a twin size sofa bed and place it next to our King Size bed. These days I am sleeping on that bed.
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GCInThisLife
07-19 12:11 PM
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
tiinap
04-09 01:12 PM
"Even horse-betting has some amount of skill level (of the horse) and knowledge involved when u place a bet...and to think about it....When I used to be in India, I was told why India is not improving is because meritocracy takes a back seat everywhere while in US people are rewarded based on merits. I now realize with the backlog and the H1B that things are worse out here."
You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.
This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.
Thousands of advanced degree holders are being kicked out of the country and a million people are stuck in a GC mess -- no one cares, it's no-one's business. The human being is like a tiny and replacable cog in the system.
Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess. Zoe Lofgren is one, maybe a few others. The rest think the system is just fine.
Barack Obama spoke in the senate last July and said that the employment-based immigration system is working so well, we shouldn't make any changes!
Sorry, seeing this week's H1B brings out the pessimist in me. Maybe there's hope for legal immigrants in the future, but only if we keep fighting.
You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.
This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.
Thousands of advanced degree holders are being kicked out of the country and a million people are stuck in a GC mess -- no one cares, it's no-one's business. The human being is like a tiny and replacable cog in the system.
Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess. Zoe Lofgren is one, maybe a few others. The rest think the system is just fine.
Barack Obama spoke in the senate last July and said that the employment-based immigration system is working so well, we shouldn't make any changes!
Sorry, seeing this week's H1B brings out the pessimist in me. Maybe there's hope for legal immigrants in the future, but only if we keep fighting.
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imm_pro
06-13 01:45 AM
Man..great find...nice article..from probably the most reliable organization which no one can dare contardict.
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raysaikat
06-05 05:09 PM
I found some things in our favor:
1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
If I am reading the memo correctly, there is more to it. Suppose person 'X' is working for a cap-exempt employer "A". Now s/he can do the following:
(i) get a "concurrent" H1-B for a cap-subject employer "B". During this time the person 'X' continues his/her employment with the cap-exempt employer "A".
(ii) Once the H1-B is approved, s/he can stop working for the cap-exempt employer "A" and continue full time work with the cap-subject employer "B".
However, later on if person "X" wants to move to another cap-subject employer "C", then "X" needs to wait for H1-B quota numbers.
1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
If I am reading the memo correctly, there is more to it. Suppose person 'X' is working for a cap-exempt employer "A". Now s/he can do the following:
(i) get a "concurrent" H1-B for a cap-subject employer "B". During this time the person 'X' continues his/her employment with the cap-exempt employer "A".
(ii) Once the H1-B is approved, s/he can stop working for the cap-exempt employer "A" and continue full time work with the cap-subject employer "B".
However, later on if person "X" wants to move to another cap-subject employer "C", then "X" needs to wait for H1-B quota numbers.
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nolud
02-11 10:02 PM
Thanks Lazy
If these these letters aren't that credible, then it's also possible that the application may still be stuck in namecheck.
It's so sad to see how they really operate and they have to stoop to such low standards of ethics.
If I had a job where I needed to blow smoke to cover up for my de�fi�cien�cies, I'd be pounding the pavement the next day.
If these these letters aren't that credible, then it's also possible that the application may still be stuck in namecheck.
It's so sad to see how they really operate and they have to stoop to such low standards of ethics.
If I had a job where I needed to blow smoke to cover up for my de�fi�cien�cies, I'd be pounding the pavement the next day.
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eb3India
04-13 11:19 AM
May Visa Bulletin is out. EB3 ROW and Philippines seem to have moved by 1 year.
"Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year."
good atleast something is moving,
congradulations ROW and Philis
"Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year."
good atleast something is moving,
congradulations ROW and Philis
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gianik
05-25 10:07 AM
O.K. I know it's not the place for this discussion as we need to be optimistic and strong, instead of jumping the ship....
However, after years of wait (which perhaps was not that long compared to many others) and after sobber look at how much longer this may take I start to wonder if it worth it? I am starting to take what used to be a plan B - moving to Canada - more seriously now.
Does any one else have this thoughts or am I the only traitor?
However, after years of wait (which perhaps was not that long compared to many others) and after sobber look at how much longer this may take I start to wonder if it worth it? I am starting to take what used to be a plan B - moving to Canada - more seriously now.
Does any one else have this thoughts or am I the only traitor?
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GCaspirations
10-01 08:37 PM
Hey Sparky_Jones,
You are the first guy whose case was transferred to CSC and you got the FP notices. Can you shed more light as many pople, like me, are stuck with no FP notices and we all had Receipts/EAD/AP from CSC...And now the files are back to either NSC or TSC...
Thanks!
His case appears to be adjucated by CSC and it did not get transferred back to NSC. Probably that is why he received his FP notice.
But who cases have been transferred back to NSC from CSC have not received the FP notice.
You are the first guy whose case was transferred to CSC and you got the FP notices. Can you shed more light as many pople, like me, are stuck with no FP notices and we all had Receipts/EAD/AP from CSC...And now the files are back to either NSC or TSC...
Thanks!
His case appears to be adjucated by CSC and it did not get transferred back to NSC. Probably that is why he received his FP notice.
But who cases have been transferred back to NSC from CSC have not received the FP notice.
more...
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gcnotfiledyet
03-26 03:53 PM
What does it tell you when you reach a situation where the laws and policies within individual US states start bearing resemblance to those used by medieval monarchies.
It tells me to get the hell out of here and go back home. Pay Rs. 200 to that guy sitting outside dmv in India and get permit to drive. There is a limit to greed. If it becomes too inconvenient then I will be first one to leave this hellhole. I came here to live convenient life. If things here are inconvenient as compared to India then whats the point. You just get one life and you want to spend it struggling to get your right to drive? I sometimes don't understand myself for what am I doing here.
It tells me to get the hell out of here and go back home. Pay Rs. 200 to that guy sitting outside dmv in India and get permit to drive. There is a limit to greed. If it becomes too inconvenient then I will be first one to leave this hellhole. I came here to live convenient life. If things here are inconvenient as compared to India then whats the point. You just get one life and you want to spend it struggling to get your right to drive? I sometimes don't understand myself for what am I doing here.
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blacktongue
05-12 08:53 AM
This is all politics & I will never support it.
Your support it your I will never support it no meaning. Cannot vote.
Your support it your I will never support it no meaning. Cannot vote.
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whoever
04-14 08:39 AM
China eb3 may move but not india eb3. there are too many of them. i dont think there will be any cir or things like it passed this year. there is already however several bills writting to resolve but with eb3 world and rest doing just fine, why would the congress want to do something for india. i would be very surprised if they did
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hebron
08-20 10:17 PM
I am not with them anymore, I transfered my H1 to another company already. i just need to find out the way how to file a complaint and proceed further.
That's good to know that you transferred your H1-B.
As people already suggested there are very slim chances you can do anything about this, since labor and I-140 belongs the the employer. So if you can prove with written statements from your employer that he will sponsor your GC and if can prove that have incurred monetary loss, you might be able to get something out of this.
On a side note, You may want to see if there is any other options to bring him down, such as if you were on H1-B and if your employer did not pay you the salary he promised. This definitely will put him on the black list and he cannot hire anybody else on H1-B. All the best!
That's good to know that you transferred your H1-B.
As people already suggested there are very slim chances you can do anything about this, since labor and I-140 belongs the the employer. So if you can prove with written statements from your employer that he will sponsor your GC and if can prove that have incurred monetary loss, you might be able to get something out of this.
On a side note, You may want to see if there is any other options to bring him down, such as if you were on H1-B and if your employer did not pay you the salary he promised. This definitely will put him on the black list and he cannot hire anybody else on H1-B. All the best!
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mrajatish
12-28 10:02 PM
Per AC 21, it is soft quota - if you think about it, it is pretty simple.
In EB1, every country has 7% quota. Anything unused in EB1 ROW first goes to EB1 India and China. After that, the remaining number (say 4000) should flow to EB2. In EB2, every country has same 7% quota. Let us say 2000 is left unused. So, in all, 6000 extra visas should flow to anyone in EB2 category based on Pri dates.
In EB1, every country has 7% quota. Anything unused in EB1 ROW first goes to EB1 India and China. After that, the remaining number (say 4000) should flow to EB2. In EB2, every country has same 7% quota. Let us say 2000 is left unused. So, in all, 6000 extra visas should flow to anyone in EB2 category based on Pri dates.
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pappu
08-31 09:50 PM
How was the response? I have contacted the following " The Hindu, Deccan chronicle and some telugu and kannada newspapers and TV news channels" so far no responses, I am planning to speak to my dad and his friends (they retired from the news media recently) to get some responses, but whats the point. The July 2nd fiasco was very well publicized in India, rural India too, even a small village or mandal office issuing birth certificates knew abt the visa bulletin and its reversal!!! and what do we have now...non committal friends who are not interested to come to the rally and some even make fun of it!!
Anyways lets keep trying...
Thanks for your initiatives
Anyways lets keep trying...
Thanks for your initiatives
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chanduv23
10-10 06:03 AM
Dude...you still remember this Alpheratta GA company?
Oh, they were about to trap me into joining them, I did an interview through them back in 2001 the client wanted to hire and when I told them I am not interested, they started forcing me, then they sent a employee to my apartment to bring me to their place, my roommate joined them and he also had a tough time, he later transferred his h1 to a middle client and after that both me and my roommate had to constantly workout strategies to get his w2s, paystubs etc.... they gave him a real tough time
Oh, they were about to trap me into joining them, I did an interview through them back in 2001 the client wanted to hire and when I told them I am not interested, they started forcing me, then they sent a employee to my apartment to bring me to their place, my roommate joined them and he also had a tough time, he later transferred his h1 to a middle client and after that both me and my roommate had to constantly workout strategies to get his w2s, paystubs etc.... they gave him a real tough time
met3259
05-25 03:29 PM
Does anyone know how Quebec compares to Ontario. Specifically Montreal to Toronto. Economically, culturaly, etc.?
I would appreciate any comment. Thanks
I have a sister that lives in Beaconsfiels (on the island of Montreal) - so I know what I am talking about ... been there many times.
Depends - do you speak French. If yes, Montreal is outstanding. If not, then TO (said "T" then "O" (not zero)) (or Toronto), is more likely desireable to immigrants. It is extremely multicultural, economically not dependant on a "referendum" (French trying to separate sending the economy for a spin).
Housing in TO is somewhat expensive - remember, that it is the 4th largest city in North America. Look also at Alberta (Edmonton & Calgary), and British Columbia - again housing is very expensive here. May wish to also consider looking at Halifax in Nova Scotia, but most likely will not be your choice. A city like London or Kitchener, Ontario is great - just need the skill set to get a job there.
Conclusion - Ontario is most likely your best bet (and the weather is better than Monteal by a long shot)
I would appreciate any comment. Thanks
I have a sister that lives in Beaconsfiels (on the island of Montreal) - so I know what I am talking about ... been there many times.
Depends - do you speak French. If yes, Montreal is outstanding. If not, then TO (said "T" then "O" (not zero)) (or Toronto), is more likely desireable to immigrants. It is extremely multicultural, economically not dependant on a "referendum" (French trying to separate sending the economy for a spin).
Housing in TO is somewhat expensive - remember, that it is the 4th largest city in North America. Look also at Alberta (Edmonton & Calgary), and British Columbia - again housing is very expensive here. May wish to also consider looking at Halifax in Nova Scotia, but most likely will not be your choice. A city like London or Kitchener, Ontario is great - just need the skill set to get a job there.
Conclusion - Ontario is most likely your best bet (and the weather is better than Monteal by a long shot)
smartboy75
08-06 11:59 AM
Count me in... I am in the same boat and to top it all the NSC CSR says that my case is in extended review...whatever the hell it means....
My Details...
EB2 - India
PD:May 22, 2004
I140 Approval: Mar 17, 2007
RD: Aug 09, 2007
ND: Sept 19, 2007
Service Centre: NSC
My Details...
EB2 - India
PD:May 22, 2004
I140 Approval: Mar 17, 2007
RD: Aug 09, 2007
ND: Sept 19, 2007
Service Centre: NSC
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