vxg
07-25 05:48 PM
So, did you have to redo PERM for the manager's position or did your older PERM fly?
No i did not do PERM i got my labor from BEC after a long two year wait and i happily kept it. I think a lot depends upon how you lawyer and employer handles it. My lawyer says even now i can change job and get promoted if job responsibilities are similar.
No i did not do PERM i got my labor from BEC after a long two year wait and i happily kept it. I think a lot depends upon how you lawyer and employer handles it. My lawyer says even now i can change job and get promoted if job responsibilities are similar.
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nonimmigrant
03-31 06:16 PM
Congratulations. Enjoy your freedom.
What is the process did you followed to port from EB3 to EB2 ?
New Labor with EB2 Job requirements
I-140 Approval
Port Over EB3 priority to EB2 after I-140 Approval
(or)
Do we have any other route to port over from EB3 to EB2.
What is the process did you followed to port from EB3 to EB2 ?
New Labor with EB2 Job requirements
I-140 Approval
Port Over EB3 priority to EB2 after I-140 Approval
(or)
Do we have any other route to port over from EB3 to EB2.
tammigaw
02-15 02:14 AM
It says own/lease/solicit ...blah..blah with any competitors , but the language is very generic and now he says that there is a word in the text and it could be opened to any interpretation based on his convinience .
When i asked him to explain the clause during the time of signing he said that i could not join his competetors for this client . I felt this cluase is reasonable to protect on his business interests , so i sighned it .
Now he is manuplating it to accomodate his interested , so he can squeeze more money out of me .
During my stay here , he NEWER paid me on time andi had to call him 20 times and mail him for 10 times ..literaly begging to get my pay .
If in worst case , if he tries to execute this non compete in court i am not sure if it stays valid , based on the manner he ran his business .
Can any one please shed some light in this grey area.
When i asked him to explain the clause during the time of signing he said that i could not join his competetors for this client . I felt this cluase is reasonable to protect on his business interests , so i sighned it .
Now he is manuplating it to accomodate his interested , so he can squeeze more money out of me .
During my stay here , he NEWER paid me on time andi had to call him 20 times and mail him for 10 times ..literaly begging to get my pay .
If in worst case , if he tries to execute this non compete in court i am not sure if it stays valid , based on the manner he ran his business .
Can any one please shed some light in this grey area.
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sanjeev_2004
10-04 02:03 PM
Saeed,
I 140 can processed through premioum process from last week.
Can you tell what was state of filing your GC labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process. Though I got 45 days latter in March.
sanjeev
I 140 can processed through premioum process from last week.
Can you tell what was state of filing your GC labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process. Though I got 45 days latter in March.
sanjeev
more...
akred
06-02 09:18 PM
Science, Technology, Engineering and Mathematics....
Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.
Does anyone have a list of majors included or any other information on this issue?
Thanks.
I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.
Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.
Does anyone have a list of majors included or any other information on this issue?
Thanks.
I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.
Oct007
11-06 02:26 PM
If I renew my H1B can I avoid visa stamping by using the AP travel document.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Thanks to all for the responses.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Thanks to all for the responses.
more...
gc67890
11-16 10:19 PM
IV gurus Please help.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
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Kodi
06-03 09:16 AM
How does it work?
According to the list an Accountant position requires a STEM discipline in Computer Science.
So an MS in Computer Science falls under STEM but an MS in Accounting does not?
Could some please verify this?
According to the list an Accountant position requires a STEM discipline in Computer Science.
So an MS in Computer Science falls under STEM but an MS in Accounting does not?
Could some please verify this?
more...
wikipedia_fan
04-09 03:04 PM
Guys and Gals,
I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.
Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.
Questions:
Is this legal?
Is it a common practice?
Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Thanks for your time.
If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.
a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.
The law states that you have the right to file for MTR if you think there are facts ignored by the officer.
It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.
Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?
Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.
Please talk to an experienced immigration Attorney and they can explain all this stuff.
I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.
Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.
Questions:
Is this legal?
Is it a common practice?
Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Thanks for your time.
If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.
a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.
The law states that you have the right to file for MTR if you think there are facts ignored by the officer.
It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.
Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?
Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.
Please talk to an experienced immigration Attorney and they can explain all this stuff.
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paskal
07-20 08:33 PM
a link that says 485 filing needs tax returns.
please see the official instructions with the 485 form and note what is actually asked for- it's not much- and no W2 or tax returns are mentioned.
please see the official instructions with the 485 form and note what is actually asked for- it's not much- and no W2 or tax returns are mentioned.
more...
jonty_11
02-13 05:42 PM
call customer care USCIS and ask for an update/status
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pappu
08-19 01:27 PM
Hi,
My wife's EAD is expiring on 8/3, and the renewal was filed on 5/19 w/ notice date 5/24.
We have just requested expedite request but may not get it in time.
She just entered into USA using AP in July.
485 was filed in Aug 07.
If she continues to work till the EAD is processed, would she be protected under rule 245K? Does she need to stop working immediately?
And what happens if she does not get the EAD by Aug 19 (90 days)? Would the infopass office issue an interim EAD based on the application?
Thanks,
You can ask this in the Attorney conference call today
My wife's EAD is expiring on 8/3, and the renewal was filed on 5/19 w/ notice date 5/24.
We have just requested expedite request but may not get it in time.
She just entered into USA using AP in July.
485 was filed in Aug 07.
If she continues to work till the EAD is processed, would she be protected under rule 245K? Does she need to stop working immediately?
And what happens if she does not get the EAD by Aug 19 (90 days)? Would the infopass office issue an interim EAD based on the application?
Thanks,
You can ask this in the Attorney conference call today
more...
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cris
08-30 12:22 PM
outstanding answer , gg_ny ! Thank you very much
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Saralayar
03-18 05:11 PM
there is no status called 'EAD' .. it is AOS/I-485 which gives the status. EAD just gives you work authorization. Probably the person who you talked to didn't have much idea about immigration.
FYI, I just got H4 extension for my wife (she got her SSN after showing her EAD few months back). So when you say that , getting SSN automatically changes status, is incorrect. What changes the status is if your spouse starts WORKING using EAD.. then she forgoes her H4 status and switches to AOS/485.
You are correct. Getting a SSN with EAD has nothing to do with H4.
FYI, I just got H4 extension for my wife (she got her SSN after showing her EAD few months back). So when you say that , getting SSN automatically changes status, is incorrect. What changes the status is if your spouse starts WORKING using EAD.. then she forgoes her H4 status and switches to AOS/485.
You are correct. Getting a SSN with EAD has nothing to do with H4.
more...
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dollar500
08-02 11:26 PM
So for EB3 india the visa bulletin is stuck at May 2001. I did some research and looked into what happed in 2001 about the dates
The reason is USCIS moved for nearly 2 years forward from JAN 2001 to June 2001. In July 2001 they made every thing current (isn't it kind of odd that in July 2007 they made everything current as well.)http://dosfan.lib.uic.edu/ERC/visa_bulletin/2001-07bulletin.html So I presume hundreds and thousands must have filed for their I 485s at that time. Curiously enough there are no visa bulletins from Aug 2001 to March 2002. But in Apr 2002 everybody is current. Surprisingly it stayed current until January 2005 when the retrogression hit again and they have to go back to Jan 2002.
We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??
The reason is USCIS moved for nearly 2 years forward from JAN 2001 to June 2001. In July 2001 they made every thing current (isn't it kind of odd that in July 2007 they made everything current as well.)http://dosfan.lib.uic.edu/ERC/visa_bulletin/2001-07bulletin.html So I presume hundreds and thousands must have filed for their I 485s at that time. Curiously enough there are no visa bulletins from Aug 2001 to March 2002. But in Apr 2002 everybody is current. Surprisingly it stayed current until January 2005 when the retrogression hit again and they have to go back to Jan 2002.
We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??
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JunRN
08-21 11:38 AM
Once they're through with July 2 or 3 filers, July 17th filers onwards will be next because there are just a handful who filed on July 4 to July 16. This news makes sense to me.
It seems Texas is moving fast now and so is Nebraska. We can see a big leap in the Receipting Up-date this coming Friday. Whew...mine is 2 receipting up-date away and got no privilege to see if checks got encashed because atty. paid the fees.
It seems Texas is moving fast now and so is Nebraska. We can see a big leap in the Receipting Up-date this coming Friday. Whew...mine is 2 receipting up-date away and got no privilege to see if checks got encashed because atty. paid the fees.
more...
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sonia_sd
09-15 05:17 PM
Last time CIR had sweet deal for Illegals ..
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
You are 100% correct. US congress has love about horses and their nutrition than human beings, we work like donkeys/slaves attached to all these companies without freedom. On top we pay taxes and follow laws inch by inch. No matter what their plan is but we are
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
You are 100% correct. US congress has love about horses and their nutrition than human beings, we work like donkeys/slaves attached to all these companies without freedom. On top we pay taxes and follow laws inch by inch. No matter what their plan is but we are
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karthkc
03-27 05:47 PM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
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dreamworld
11-30 04:00 PM
I am agree with you. But my question how can we correct this issue? Called no of times and they are not able to correct the issue. If she travel with that status any issue?
Write to CISOmbudsman <CISOmbudsman.Publicaffairs@dhs.gov> and local congressman.
Write to CISOmbudsman <CISOmbudsman.Publicaffairs@dhs.gov> and local congressman.
saurav_4096
06-19 09:53 AM
Mr. EndlessWait -
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
If there is sufficeint time left on H1B, can one go for stamping at consulate although I485 is filed.
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
If there is sufficeint time left on H1B, can one go for stamping at consulate although I485 is filed.
seahawks
08-29 09:00 AM
you are not getting my point. im trying to see if this MBA will help with STEM/SKIL and get me a GC. that is all im interested in.
will it help me or not is the Q ..
I doubt it, first and foremost it needs to be accredited and any accredited university has a long list of requirements. However education helps in the long run for sure, but purely for GC I dont think so. I base my answer, because the bill neither passed nor has been voted on, the perfect requirements on being Skilled can be modified and so on. you be the judge
will it help me or not is the Q ..
I doubt it, first and foremost it needs to be accredited and any accredited university has a long list of requirements. However education helps in the long run for sure, but purely for GC I dont think so. I base my answer, because the bill neither passed nor has been voted on, the perfect requirements on being Skilled can be modified and so on. you be the judge
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