immi_grant
06-25 06:47 AM
Hi Gurus / Attorneys,
I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.
Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
Client was reluctant to give the letter and my H1B got denied.
Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:
My Options :
1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.
2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)
I own a home here and now leaving everything in a week is making me worried.
Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.
Thanks in advance for all your help and suggestions !!
I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.
Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
Client was reluctant to give the letter and my H1B got denied.
Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:
My Options :
1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.
2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)
I own a home here and now leaving everything in a week is making me worried.
Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.
Thanks in advance for all your help and suggestions !!
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petersebastian
04-01 11:31 PM
you dont have to marry. just remain as illegal and they will GC sooner.
Hmm really? I thought that is not possible anymore. Can you give me the details or refer me to a website that has them? Thank you!
Hmm really? I thought that is not possible anymore. Can you give me the details or refer me to a website that has them? Thank you!
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jest_1
03-15 08:15 AM
Even if your visa is expired, if you have valid approval notice, you do not need airport visa. You can refer to the following website: http://www.germany.info/relaunch/info/consular_services/visa/countrylist.html#except4
Exception 4 applies to India.
Exception 4 applies to India.
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Dipika
12-03 11:43 AM
I have...
Frist stamp from INDIA (home country),
2 Visa Stamps from Washington DC
Last stamping from Matamoros (Mexico)
Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?
Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.
Frist stamp from INDIA (home country),
2 Visa Stamps from Washington DC
Last stamping from Matamoros (Mexico)
Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?
Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.
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Munna Bhai
07-12 11:47 AM
any more help??
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roseball
04-02 12:53 PM
Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
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fromnaija
04-21 12:40 PM
Hello fromnaija,
I don't think we need to start out GC process everytime we move to a different location. I believe that GC is for future employment so according to me we don't need to re-start GC process when we move from east to west and north to south.
Thanks
Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.
Remember, this is in the context of someone who has not filed I-485. If it has been six months or more since applying AOS, then yes you may move without having to restart the GC process.
To the OP, there is nothing that says you cannot have multiple LC from same employer for different location. As I said before if the different locations are within the same Metropolitan Area, then one LC suffices.
I don't think we need to start out GC process everytime we move to a different location. I believe that GC is for future employment so according to me we don't need to re-start GC process when we move from east to west and north to south.
Thanks
Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.
Remember, this is in the context of someone who has not filed I-485. If it has been six months or more since applying AOS, then yes you may move without having to restart the GC process.
To the OP, there is nothing that says you cannot have multiple LC from same employer for different location. As I said before if the different locations are within the same Metropolitan Area, then one LC suffices.
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senthil1
09-19 06:45 PM
Yes any bill which has H1b increase will have slim chance of passing. Also whenever Cornyn introduces bill Durbin introduces his bill(SA2238)
and pro-mmigrants/Corporations will not accept Durbin bill so both will fail. This was a drama for some time in past. This may be another drama in this year. If it needs to be passed then both the bills need to be diluted to get support of some key neutral congressmen.
Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.
and pro-mmigrants/Corporations will not accept Durbin bill so both will fail. This was a drama for some time in past. This may be another drama in this year. If it needs to be passed then both the bills need to be diluted to get support of some key neutral congressmen.
Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.
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gc_peshwa
04-14 12:21 PM
Lets signup for our Freedom...its FREE!
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belmontboy
11-16 10:27 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
Nope. That is not true. Either the company/lawyer is screwing your friend!
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
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
Nope. That is not true. Either the company/lawyer is screwing your friend!
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
more...
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ita
01-16 12:05 PM
While on EAD-AC21 do you know if they compare the salary mentioned on offer letter or the acual W2 amount or is it both to check if it is close to what is mentioned on LC?
Because the salary on offer letter could be like $15K-$20K/$20K-$30K more than what is mentioned on LC but
If the W2 reflects not so much difference(like you go on unpaid vacations if possible) then will this be OK?
Appreciate your advice on this
Man how many things we have to watch before we do this AC21.I think sometimes I'm thinking/planning too much rather than just taking the jump.
Thank you.
Because the salary on offer letter could be like $15K-$20K/$20K-$30K more than what is mentioned on LC but
If the W2 reflects not so much difference(like you go on unpaid vacations if possible) then will this be OK?
Appreciate your advice on this
Man how many things we have to watch before we do this AC21.I think sometimes I'm thinking/planning too much rather than just taking the jump.
Thank you.
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Bobby80
06-03 04:22 AM
Ann
Thank you for your post. I have recently received a green card through my spouse. I used to work in New York and lost my job in 2009 but never claimed benefits as I was not a permanent resident at that time. I got my green card in Jan2011. Can I apply now for unemployment benefits in NY state? I live in NYC and we pay taxes jointly since 2007. I have been unemployed for over 2 years now and am looking for jobs at the moment since I now have an EAD. Please advise. Thanks
Thank you for your post. I have recently received a green card through my spouse. I used to work in New York and lost my job in 2009 but never claimed benefits as I was not a permanent resident at that time. I got my green card in Jan2011. Can I apply now for unemployment benefits in NY state? I live in NYC and we pay taxes jointly since 2007. I have been unemployed for over 2 years now and am looking for jobs at the moment since I now have an EAD. Please advise. Thanks
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Rb_newsletter
09-18 05:31 PM
US Laws protect employees completely.
If at all your current employer wants to do anything they can sue your new H1 sponsor or the end client. If your end client and new employer's attorneys are ok to sponsor H1 and job contract, then you don't have to worry.
3 years before I wanted to join my then end client directly. But their vendor manager refused becos they had signed an agreement with my then employer stating that they will not hire any resource for 6 months from the date they leave the work.
If at all your current employer wants to do anything they can sue your new H1 sponsor or the end client. If your end client and new employer's attorneys are ok to sponsor H1 and job contract, then you don't have to worry.
3 years before I wanted to join my then end client directly. But their vendor manager refused becos they had signed an agreement with my then employer stating that they will not hire any resource for 6 months from the date they leave the work.
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GCNaseeb
11-04 10:46 AM
Initially my last name was misspelled on my I-485, I-131 and I-765 Receipt Notices. My Attorney sent a letter to USCIS informing the typo to correct it. USCIS sent me the letter saying that the typo error has been attached to my case. When I called USCIS for my FP Notice last week, I mentioned the IO that my Last Name is mis-spelled. But the IO instead of correcting it just on my case , he changed on all other 3 derivative cases with the same mispelled Last Name. Our FP is scheduled next friday. Now we have all our FP Notices with misspelled Last Name. I am going to call USCIS tomorrow. Also I read in other thread that, you don't need any tracking number for your FP. Here's the thread:
http://immigrationvoice.org/forum/showthread.php?t=13522
http://immigrationvoice.org/forum/showthread.php?t=13522
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immigrationmatters30
07-26 02:06 PM
I had the same problem.Surname has my full name and given name was.I got my H1B VISA stamped in June 2006 at Metamoris,Mexico.No problem.I had my name corrected in the new passport after my passport expired last year.
Hi,
I don't have surname in my Passport my full name is given in " Given Names".
so while filling up the form (D-156 and D-157) for appointment I put NA in surname, so now my name in "Applicant Name" is myname followed by NA.
IS it ok ? or does it create any problems while I go for visa stamping/interview.
If I cannot put NA then what do I put in Surname column on D-156 and D-157.
Thanks
Hi,
I don't have surname in my Passport my full name is given in " Given Names".
so while filling up the form (D-156 and D-157) for appointment I put NA in surname, so now my name in "Applicant Name" is myname followed by NA.
IS it ok ? or does it create any problems while I go for visa stamping/interview.
If I cannot put NA then what do I put in Surname column on D-156 and D-157.
Thanks
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s416504
10-02 03:54 PM
Applying PERM & H1 are diffrent. GC process is future employment so Any employer can sponser your PERM without joining him (But you have to join that employer if GC-485 get approved by him).
In My case, my earlier employer filed GC in 2004 but I140 got denied so I restarted whole GC process again.
In My case, my earlier employer filed GC in 2004 but I140 got denied so I restarted whole GC process again.
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Steven-T
February 4th, 2004, 02:37 PM
Sigma 70-300 4/5.6 APO Macro Super for Nikon ---> not sure???
SB26 -> unsure so far (anyone know)
Craig
The sb26 should have no problem. My daughter is using my 20 years old little Nikon flash (name???) on her N65 film Nikon.
According to the 6) lens compatibility, you can use the non-cpu (non-AI, AI, AIS) lens in "M mode, but exposure meter won't function". My guess is: either it's like a lens adaptor, (and lose all auto-function!!!), e.g. a Hassy - Nikon adaptor or Nikkor-EOS adaptor. You focus with the lens wide open, manually turn-select your f-number, expose with the internal meter, and release shutter, ALL manually. Alternativelly, the diaphagm may "clock" automatically, but you have to meter using an external meter, set the exposure manually, and release shutter. Either way, you lose "exposure metering in one way or the other". The fore is just my guess. I would always try it out in a local store before buying anything (online).
BTW, I don't know your finanical situation and your aspiration (particularly future) for photography. You are buying into a (D)SLR system. The body is the cheapest part you buy. The rest of the system causes you two arms and a leg. Excuse my straightness (rudeness?). The three Nikon items don't worth much in the used market. I am a 25 years Nikonian, a technology trailer, currently have a F2AS and a D1 (and a Hassey, plus a couple broken Rollei TLRs), decided to switch to Canon EOS 1-series, just waiting for the right time. I think Nikon has given away on the high-end DSLR to Canon. I mainly shoot landscape and PJ, and loves to travel to exotic places - stormy desert, rain forest, high altitude plateaus and snowing avalanching mountains (>4,000m), etc. I need something SOLID.
Steven
SB26 -> unsure so far (anyone know)
Craig
The sb26 should have no problem. My daughter is using my 20 years old little Nikon flash (name???) on her N65 film Nikon.
According to the 6) lens compatibility, you can use the non-cpu (non-AI, AI, AIS) lens in "M mode, but exposure meter won't function". My guess is: either it's like a lens adaptor, (and lose all auto-function!!!), e.g. a Hassy - Nikon adaptor or Nikkor-EOS adaptor. You focus with the lens wide open, manually turn-select your f-number, expose with the internal meter, and release shutter, ALL manually. Alternativelly, the diaphagm may "clock" automatically, but you have to meter using an external meter, set the exposure manually, and release shutter. Either way, you lose "exposure metering in one way or the other". The fore is just my guess. I would always try it out in a local store before buying anything (online).
BTW, I don't know your finanical situation and your aspiration (particularly future) for photography. You are buying into a (D)SLR system. The body is the cheapest part you buy. The rest of the system causes you two arms and a leg. Excuse my straightness (rudeness?). The three Nikon items don't worth much in the used market. I am a 25 years Nikonian, a technology trailer, currently have a F2AS and a D1 (and a Hassey, plus a couple broken Rollei TLRs), decided to switch to Canon EOS 1-series, just waiting for the right time. I think Nikon has given away on the high-end DSLR to Canon. I mainly shoot landscape and PJ, and loves to travel to exotic places - stormy desert, rain forest, high altitude plateaus and snowing avalanching mountains (>4,000m), etc. I need something SOLID.
Steven
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sandeep77
07-26 04:09 PM
hey kalindi, just one question, i am not well versed in the GC procedures, so this might be really out of sync, but arent the priority dates of EB2 India August 2004, how could you apply for i485 when ur PD was July 2005??
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ronhira
10-26 02:34 PM
Irrespective of political parties or the issues, I am proud of this Indian guy standing up against "fair and balanced fox news"
he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........
Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)
& y do u think this guy or someone like him will stand up for us when v r not willing to stand up for our issues?
he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........
Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)
& y do u think this guy or someone like him will stand up for us when v r not willing to stand up for our issues?
EkAurAaya
03-20 10:14 AM
I sold the house on H1 and there was nothing addition for H1 holder. It is just that if you have that property for less than 2 years then you pay tax.
Just thinking if the new law for GC approved like buy a house and get
GC then what will happen for those like us who have house since 2004 and sold one and bought another in that time period.
I am on EAD now. PD -Nov 2003
Can you please share what state? Thanks
Just thinking if the new law for GC approved like buy a house and get
GC then what will happen for those like us who have house since 2004 and sold one and bought another in that time period.
I am on EAD now. PD -Nov 2003
Can you please share what state? Thanks
rayoflight
12-21 01:51 PM
Thanks all for your replies.
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