snathan
05-19 12:59 PM
You just have to justify by saying, you have been in US on H1B visa and you came back after you have completed your project. Aftre that it is upto consulate.
I dont think H1B was the reson behind this denial. Remember the law suit against infy for B1 visa...
I dont think H1B was the reson behind this denial. Remember the law suit against infy for B1 visa...
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shreekarthik
06-10 05:56 PM
Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?
They get a well qualified employee at a lower salary for a longer period of time. If they don't listen try to find an employer that could file u at EB-2.
They get a well qualified employee at a lower salary for a longer period of time. If they don't listen try to find an employer that could file u at EB-2.
smmakani
05-14 07:20 PM
Thanks IV Core. We are all with you.
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priderock
05-15 01:33 PM
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.
I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.
I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.
more...
little_willy
09-26 12:52 AM
I guess all these options are possible as long as you maintain your H-1B.
WillIWin?
08-13 02:09 PM
I dont agree with the laws passed, but here is the math to come up with the $600 million figure they are quoting.
# of possible H1Bs = 85k (65k + 20k)
Fees (additional) = $2000
Total Fees = $170 million ($2k x 85k)
The fee increase is for 4 years = (2010-2014)
GRAND Total = $680 million ($170 million x 4)
# of possible H1Bs = 85k (65k + 20k)
Fees (additional) = $2000
Total Fees = $170 million ($2k x 85k)
The fee increase is for 4 years = (2010-2014)
GRAND Total = $680 million ($170 million x 4)
more...
cygent
06-11 07:19 PM
Based on this situation, if Company does not revoke your I-140, but closes it's doors, what happens? Does that preclude that the 140 is null void?
You are now working for Company B with 3yr H1-B, and porting the old PD.
Does anybody know?
You are now working for Company B with 3yr H1-B, and porting the old PD.
Does anybody know?
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gova123
08-27 02:08 PM
When did this change? I got it renewed from Washington DC a year back
I think it is stated in their website and also someone in the forum was saying this. Did you happen to be in Florida when you renewed the passport last year from DC. if yes, then I can send it to DC as they seem to renew in 10 business days. Am i right...............
I think it is stated in their website and also someone in the forum was saying this. Did you happen to be in Florida when you renewed the passport last year from DC. if yes, then I can send it to DC as they seem to renew in 10 business days. Am i right...............
more...
Vysh
11-21 09:55 AM
Sent an email
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tinuverma
03-17 12:51 PM
Hello everyone,
My current project is ending. My client company has offered to take me full time and I am considering H1 transfer or using my EAD. Here is my Q:
The client company is small. Will that be an issue? Is there a minimum requirement on how big the company has to be able to use EAD safely?
Thanks
My current project is ending. My client company has offered to take me full time and I am considering H1 transfer or using my EAD. Here is my Q:
The client company is small. Will that be an issue? Is there a minimum requirement on how big the company has to be able to use EAD safely?
Thanks
more...
pritibshah
06-24 08:35 PM
Hi,
I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".
I am not working with the company anymore but I am on their payroll till July 21st 2009.
I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.
My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.
Do you think it will work and it won't cause any problems to my petition?
What other options do I have ?
Thanks in advance!
I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".
I am not working with the company anymore but I am on their payroll till July 21st 2009.
I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.
My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.
Do you think it will work and it won't cause any problems to my petition?
What other options do I have ?
Thanks in advance!
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tulips
10-15 03:00 PM
Hello,
Sorry to be posting here but how do I start a new post?
Here is my situation:
My husband started GC and our PD is nov 2006. I 140 approved. I am on H1 B. Now, my husband decided to move out of country for studies. So, our application is abandoned right? We have not received any RFEs so can he still apply for AP? Otherwise, how else can he visit USA...H4? Can he still get H4? If yes can it be applied from any US embassy? What all documents are needed? OR should he just try tourist visa now?
Thank you!
Sorry to be posting here but how do I start a new post?
Here is my situation:
My husband started GC and our PD is nov 2006. I 140 approved. I am on H1 B. Now, my husband decided to move out of country for studies. So, our application is abandoned right? We have not received any RFEs so can he still apply for AP? Otherwise, how else can he visit USA...H4? Can he still get H4? If yes can it be applied from any US embassy? What all documents are needed? OR should he just try tourist visa now?
Thank you!
more...
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immi_seeker
07-12 08:37 PM
^^^^^^^^^
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tonyHK12
12-02 10:29 AM
As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
We can use all the help we can get. Could you send details of this to our moderators StarSun and Pappu.
I will also indicate this to our admins at Donor forum to check how they can best use your employer's help and get back.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
We can use all the help we can get. Could you send details of this to our moderators StarSun and Pappu.
I will also indicate this to our admins at Donor forum to check how they can best use your employer's help and get back.
more...
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Gravitation
04-13 09:48 AM
90 days after the Prez signs it, which he should fairly promptly after it's been ratified by both houses. However, all this is moot point -IMO- as the real sticky and unpredictable part is house and senate agreeing on the same bill, etc.
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gapala
04-20 11:46 AM
Hi,
My in-laws came to US last Firday along with my kid who is a US citizen.
Their passport has a stamp that says Admitted on Apr 17 at Chicago, Class B2 and "Until" is blank. There should be a date that tells they can stay until this date.
What are my options now. Do i need to let it go or contact some one and bring it to their notice etc..
Any help is appreciated
Did you check the I-94 attached to passport? I-94 will have the date until... as that is what allows them to stay in the country.
you should find it on I-94, if it is not written along side stamp on passport.
My in-laws came to US last Firday along with my kid who is a US citizen.
Their passport has a stamp that says Admitted on Apr 17 at Chicago, Class B2 and "Until" is blank. There should be a date that tells they can stay until this date.
What are my options now. Do i need to let it go or contact some one and bring it to their notice etc..
Any help is appreciated
Did you check the I-94 attached to passport? I-94 will have the date until... as that is what allows them to stay in the country.
you should find it on I-94, if it is not written along side stamp on passport.
more...
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martinvisalaw
04-26 04:25 PM
I agree with the posters who say that the employer is probably trying to frighten you. It is very difficult to restrict a person's right to work wherever they want - or to restrict an employer hiring whoever they want - especially in Texas. However, it is not really an immigration question. You or, ideally the client company, should see an employment lawyer here in Texas.
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trs80
01-10 03:56 PM
Without a MS will be difficult to qualify for a EB2 position without a BS is imposible!
You have be waiting too much for your EB3 approval, I read that Chicago is working faster than Atlanta. Any update?
My company submited my PERM application for a EB2 position on december and I still waiting.
I copy your signature:)
Buena Suerte!
EB2, From: Dominican Republic. Residence: Puerto Rico
LC PERM - Atlanta PD: 12/2007: "In Process"
You have be waiting too much for your EB3 approval, I read that Chicago is working faster than Atlanta. Any update?
My company submited my PERM application for a EB2 position on december and I still waiting.
I copy your signature:)
Buena Suerte!
EB2, From: Dominican Republic. Residence: Puerto Rico
LC PERM - Atlanta PD: 12/2007: "In Process"
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Sammo
08-23 03:25 PM
Wow - thanks for all the votes on mine :)
GCwaitforever
08-15 10:58 AM
I am from India having masters in engineering and i have 9 years IT experience. Ofcourse my Lawyer filed in EB3 (in 2003) thinking that PD will be current in future. Now i140 cleared in EB3 . What next? Since i am in consulting company i don't have any problem sticking to company. Only problem is maintaining status. As long as i am in job no problem. Who knows market will be like this. I am just re thinking to go for EB2 filing. But not sure how many were able to clear Eb2 in PERM.How much salary required ? (My company located in Detroit).
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
srarao
07-19 02:30 PM
Can somebody let me know
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