sc3
05-31 11:46 AM
For those who talk in fav of desi employers... desi employers do not tell everything to the employees, most of what they say could be oral with things like "we can always work it out later". What they do not tell is that the later never comes... They will not do what was never agreed upon in writing. This in my opinion is very unethical. It is a pity that many members who have never been in this boat support this behavior, in my opinion they are a party to this crime and I would show my middle f... to them too...
Why? what is so special with your finger that you are so keen on showing them to so many people?
It is common knowledge as to how the so called "desi employers" work, and it is also a common knowledge as to who (and under what circumstances) joins such companies -- only to crib later about the employer and his practices (even though it is due to other odious practices of the same employer that the person was able to get (buy) the job in the first place).
I have no love lost for these kind of people, most of these people misused the law through loopholes to buy their labor certs, and made a mess for people who have been honestly waiting for their turns. (Why else, will there be a pre 2000/2001 PD apps still pending. USCIS is bad, but come on, that bad??).
Going back to OP, initially I gave him/her the benefit of the doubt, but his/her later statement "I will make sure that the job title and description are the same on the offer letter... " clearly points to gaming of the system. If she/he were on the up and up, she/he would have got a job offer that is similar to his /her LC job description, and not get a job and them make the offer similar to LC.
Why? what is so special with your finger that you are so keen on showing them to so many people?
It is common knowledge as to how the so called "desi employers" work, and it is also a common knowledge as to who (and under what circumstances) joins such companies -- only to crib later about the employer and his practices (even though it is due to other odious practices of the same employer that the person was able to get (buy) the job in the first place).
I have no love lost for these kind of people, most of these people misused the law through loopholes to buy their labor certs, and made a mess for people who have been honestly waiting for their turns. (Why else, will there be a pre 2000/2001 PD apps still pending. USCIS is bad, but come on, that bad??).
Going back to OP, initially I gave him/her the benefit of the doubt, but his/her later statement "I will make sure that the job title and description are the same on the offer letter... " clearly points to gaming of the system. If she/he were on the up and up, she/he would have got a job offer that is similar to his /her LC job description, and not get a job and them make the offer similar to LC.
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andres
04-15 05:24 PM
:)
amsgc
12-05 09:26 PM
Hello,
I live in the Atlanta area, I will be happy to work with you guys in this effort.
I live in the Atlanta area, I will be happy to work with you guys in this effort.
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HV000
02-14 04:06 PM
Democrats are almost useless when it to came to LEGAL immigration. Atleast Republicans will do something for LEGAL immigration. Voting record during the CIR is a good evidence.
more...
gcpain
09-15 01:15 PM
qplearn: I agree with you.
I too feel like it is slipping out of our hands. Perhaps we can get our senators to make small amendments (to the fence act) like filing 485 without PD and not counting spouses. For this we need to send a revised fax to our senators maybe? Just a suggestion. Avoiding spouces and getting back unused visas will also solve lot of problems and same time it is very easy to respond senators too.same time do not talk about increasing H1B visas at all.
I too feel like it is slipping out of our hands. Perhaps we can get our senators to make small amendments (to the fence act) like filing 485 without PD and not counting spouses. For this we need to send a revised fax to our senators maybe? Just a suggestion. Avoiding spouces and getting back unused visas will also solve lot of problems and same time it is very easy to respond senators too.same time do not talk about increasing H1B visas at all.
cygent
06-25 08:38 PM
We have lot of things to do on our side too before whining at someone.
I think we have introspected enough to whine IMHO. How is this fair for folks in BEC for 4-5 yrs., then apply 140 > 1yr. back & are on their 9-10 yr H1B? you think they wouldn't want to use AC21? C'mon man think straight.
Whereas newbies who applied PERM earlier this year, are free birds when they apply 140 in PP. This is gross injustice any way you slice it.
Furthermore, anyone on 6th year will now happily apply for PERM now this regulation is out & effective!! & will be laughing all the way to the bank at his luck.
I think we have introspected enough to whine IMHO. How is this fair for folks in BEC for 4-5 yrs., then apply 140 > 1yr. back & are on their 9-10 yr H1B? you think they wouldn't want to use AC21? C'mon man think straight.
Whereas newbies who applied PERM earlier this year, are free birds when they apply 140 in PP. This is gross injustice any way you slice it.
Furthermore, anyone on 6th year will now happily apply for PERM now this regulation is out & effective!! & will be laughing all the way to the bank at his luck.
more...
blacksheep
03-18 09:46 PM
Please could someone advise?
My priority date is 8/2004 and I have I-485 pending for more than 180 days, I-140 approved. I will be very likely fired before I get green card. I would like find safer job
with same job title as my application is. I don't want use EAD and keep H1B because it allows to appeal if GC is denied.
Is this correct procedure how to change job?
1.my new employer needs file I-9 using my alien number (from I-485).
2.Invoke AC21
- cover letter
- offer from the new company
- paystubs from new employer (if available at time of filing)
- 485 receipt
- 140 receipt
3. my H1B will expire in 2011. If I invoke AC21 do I need ask new employer fill H1B application? Can they have reason don't do it? Can I pay fee $320 by myself?
If H1B application is required upon Green Card portability to new employer
and only following is needed so it better don't use EAD
Form I-129 ($320) can be filled online at USCSI
Latest resume;
One or two latest pay slips;
Photocopy of your existing H-1B visa approval;
Photocopy of your existing valid visa;
Copy of valid passport;
Photocopies of the Form I-94 (Arrival-Departure Record);
Copy of your Diploma/Degree certificate; and
Copy of your social security card.
Please could you let me know if I am wrong on anything?
I also don't understand why there are some many recommedations to contact lawyer.
I think I need on first place find job so I could provide employment verification letter when
they will be adjusting my GC and make sure new employer fill I-9 so I would have legal status.
My priority date is 8/2004 and I have I-485 pending for more than 180 days, I-140 approved. I will be very likely fired before I get green card. I would like find safer job
with same job title as my application is. I don't want use EAD and keep H1B because it allows to appeal if GC is denied.
Is this correct procedure how to change job?
1.my new employer needs file I-9 using my alien number (from I-485).
2.Invoke AC21
- cover letter
- offer from the new company
- paystubs from new employer (if available at time of filing)
- 485 receipt
- 140 receipt
3. my H1B will expire in 2011. If I invoke AC21 do I need ask new employer fill H1B application? Can they have reason don't do it? Can I pay fee $320 by myself?
If H1B application is required upon Green Card portability to new employer
and only following is needed so it better don't use EAD
Form I-129 ($320) can be filled online at USCSI
Latest resume;
One or two latest pay slips;
Photocopy of your existing H-1B visa approval;
Photocopy of your existing valid visa;
Copy of valid passport;
Photocopies of the Form I-94 (Arrival-Departure Record);
Copy of your Diploma/Degree certificate; and
Copy of your social security card.
Please could you let me know if I am wrong on anything?
I also don't understand why there are some many recommedations to contact lawyer.
I think I need on first place find job so I could provide employment verification letter when
they will be adjusting my GC and make sure new employer fill I-9 so I would have legal status.
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srikondoji
07-14 11:06 PM
count me in.
I am from NewHampshire, Nashua.
Lets organize the rally on the same line as San Jose. For those in the New England area speak now or forver hold your license.
PM me. I along with my wife and 10 ppl are ready
I am from NewHampshire, Nashua.
Lets organize the rally on the same line as San Jose. For those in the New England area speak now or forver hold your license.
PM me. I along with my wife and 10 ppl are ready
more...
CADude
08-27 12:37 PM
How you know that NSC/TSC finished receiving all the application prior to your reported date.
Now I am thinking this guy has definately screwd us. Reason
TSC : receipting 3rd July
NSC: 21 July
Where our files now? No clue.
NSC/ JULY 2/ FEDEX/ 10:28AM/ JBarrret
Now I am thinking this guy has definately screwd us. Reason
TSC : receipting 3rd July
NSC: 21 July
Where our files now? No clue.
NSC/ JULY 2/ FEDEX/ 10:28AM/ JBarrret
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gcformeornot
05-26 09:55 AM
Hi,
Thanks for your response. I am really worried about RFE. My Employer advised me we need reply them quickly in 1 week so that they feel we are serious.
Mine is BE+5years, applied under EB2 CATEGORY.
My employer advised me create a document which explains the Job Duties and responsibilites etc project by project. I have 9+ years of experience.
Usually my employer will contact attorney directly.
My EMPLOYER is saying
all documnets including resume, experience letters, etc.
Can any body explain me what exactly uscis is expecting from me , what kind avidence they are expecting in RFE ?
RFE Reason says:
Please provide documents such as position descriptions, the percentage of time spent on the various duties, organizational charts, and payroll records demonstarting that the qualifying experience gained by the alien while working for the employer, including as a contract employee, was ina position not substantially, i.e., not requiring performance of the same job duties more than 50 percent of the time to the position for which certification is being sought, and/or documents demonstarting that it is no longer feasible to train a worker to qualify for the position.
Thanks
jvsap
these things are better handled by lawyers....
Thanks for your response. I am really worried about RFE. My Employer advised me we need reply them quickly in 1 week so that they feel we are serious.
Mine is BE+5years, applied under EB2 CATEGORY.
My employer advised me create a document which explains the Job Duties and responsibilites etc project by project. I have 9+ years of experience.
Usually my employer will contact attorney directly.
My EMPLOYER is saying
all documnets including resume, experience letters, etc.
Can any body explain me what exactly uscis is expecting from me , what kind avidence they are expecting in RFE ?
RFE Reason says:
Please provide documents such as position descriptions, the percentage of time spent on the various duties, organizational charts, and payroll records demonstarting that the qualifying experience gained by the alien while working for the employer, including as a contract employee, was ina position not substantially, i.e., not requiring performance of the same job duties more than 50 percent of the time to the position for which certification is being sought, and/or documents demonstarting that it is no longer feasible to train a worker to qualify for the position.
Thanks
jvsap
these things are better handled by lawyers....
more...
indianindian2006
09-08 08:43 PM
Hi,
I am July 2007 485 filer with approved I-140 & PD 2006.
Just to check the status of my 485 I had raised a Service Request in July. This is the reply I got today:
The status of this service request is:
Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.
Does anyone any experience on this reply? Is it a generic reply or hint towards RFE?
Please share if you have any information...Thanks!!
I got the same response for my SR today,I had opened my SR on Aug 08-08
I am July 2007 485 filer with approved I-140 & PD 2006.
Just to check the status of my 485 I had raised a Service Request in July. This is the reply I got today:
The status of this service request is:
Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.
Does anyone any experience on this reply? Is it a generic reply or hint towards RFE?
Please share if you have any information...Thanks!!
I got the same response for my SR today,I had opened my SR on Aug 08-08
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deer
11-12 08:45 PM
Any updates Leo?
more...
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immi_seeker
09-28 09:37 AM
Here is my case:
7th year H1 extension expring Feb 2008
I-140 approved in 2006
485/EAD/AP notices received 2 week go.
Now the questions are...
1) What is the advantage of getting H1 extension(once I get the EAD) ? Is it worth ?
2) What is the risk of changing employers after 180 days?
3) What if I continue on H1(same employer) even after getting EAD and if 485 denied ?
4) What if I change my employer and 485 denied ?
5) If my 485 denied and Can I stay as long as my H1 expires(same employer) or has to leave the country immediately?
Any answers or other suggestion would be greatly appreciated........
1.Even if your 485 gets denied you will not be out of status
2.As long as the job is of "similar" category as specified in your LC risk is minimal
3.You have a chance to appeal for motion to reopen the 485
4.No difference even if you work for same employer and 485 is denied
5.Yes, you can stay till end of H1, because you have a valid legal status
7th year H1 extension expring Feb 2008
I-140 approved in 2006
485/EAD/AP notices received 2 week go.
Now the questions are...
1) What is the advantage of getting H1 extension(once I get the EAD) ? Is it worth ?
2) What is the risk of changing employers after 180 days?
3) What if I continue on H1(same employer) even after getting EAD and if 485 denied ?
4) What if I change my employer and 485 denied ?
5) If my 485 denied and Can I stay as long as my H1 expires(same employer) or has to leave the country immediately?
Any answers or other suggestion would be greatly appreciated........
1.Even if your 485 gets denied you will not be out of status
2.As long as the job is of "similar" category as specified in your LC risk is minimal
3.You have a chance to appeal for motion to reopen the 485
4.No difference even if you work for same employer and 485 is denied
5.Yes, you can stay till end of H1, because you have a valid legal status
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H1bslave
10-26 04:36 PM
well yeah, you are on IV and you say bad words for IV then yes you get red. IV always had policy don't ask don't say just DO.
hey.. but I gave you green :)
Just with one post I got green turned to red. Some one is unhappy with commenting the core's opinion.
hey.. but I gave you green :)
Just with one post I got green turned to red. Some one is unhappy with commenting the core's opinion.
more...
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zCool
04-02 11:09 AM
As pointed out, the question is incorrect. You can do both (Transfer your H1 and use AC21). Technically, once you are past 180 days of I485 pending your GC application belongs to you. The only hitch here is you would need to maintain the same / similar employment.
If you have an option of transferring your H1 to a new employer (post 180 days of I485 app) - I would strongly recommend you do so. EAD for all it is worth needs to be renewed and throws you out of status if your GC application gets into trouble (God forbid).
This myth is being perpetuated ad-nauseum!
Actually if you have used up your first 6 yrs. There's really no difference between EAD and H1b. This was discussed in very detail in one of the threads on ImmigrationPortal.
Also read Ayetes Memo from Dec. 2005. It's written in BLACK and WHITE in Q/A that if you are past 6 yrs only reason you get H1b extension is to be able to see the result of your pending GC app. And if underlying application is adjudicated then you have to reason to be in country.
Now only question is will USCIS "ACTIVELY" ask you to leave the country immediately or will wait till you apply for extension and then deny is.. and in 2nd scenario you get option of starting new PERM app and get 140 approved while you are in this borrowed time due to USCIS lethargy. You can bet this scenarios probably hasn't happened so far but WILL and guess which side will USCIS come down on???!!
File is attached.. page 6 Question 3
Question 3. Are there cases where an alien, who has been granted an H-1B extension
beyond the 6th year, will nonetheless only be allowed to remain for the 6-year maximum period of stay?
Answer: Yes. As addressed in the April 24, 2003 guidance memorandum, USCIS is required to grant the extension of stay request made under section 106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.
If at any time before or after the filing of the single (combined) extension request a final decision is made on the above-stated grounds, the beneficiary of the extension request will not be entitled to an extension beyond the time remaining on his or her 6-year maximum stay unless another basis for exceeding the maximum applies.
If you have an option of transferring your H1 to a new employer (post 180 days of I485 app) - I would strongly recommend you do so. EAD for all it is worth needs to be renewed and throws you out of status if your GC application gets into trouble (God forbid).
This myth is being perpetuated ad-nauseum!
Actually if you have used up your first 6 yrs. There's really no difference between EAD and H1b. This was discussed in very detail in one of the threads on ImmigrationPortal.
Also read Ayetes Memo from Dec. 2005. It's written in BLACK and WHITE in Q/A that if you are past 6 yrs only reason you get H1b extension is to be able to see the result of your pending GC app. And if underlying application is adjudicated then you have to reason to be in country.
Now only question is will USCIS "ACTIVELY" ask you to leave the country immediately or will wait till you apply for extension and then deny is.. and in 2nd scenario you get option of starting new PERM app and get 140 approved while you are in this borrowed time due to USCIS lethargy. You can bet this scenarios probably hasn't happened so far but WILL and guess which side will USCIS come down on???!!
File is attached.. page 6 Question 3
Question 3. Are there cases where an alien, who has been granted an H-1B extension
beyond the 6th year, will nonetheless only be allowed to remain for the 6-year maximum period of stay?
Answer: Yes. As addressed in the April 24, 2003 guidance memorandum, USCIS is required to grant the extension of stay request made under section 106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.
If at any time before or after the filing of the single (combined) extension request a final decision is made on the above-stated grounds, the beneficiary of the extension request will not be entitled to an extension beyond the time remaining on his or her 6-year maximum stay unless another basis for exceeding the maximum applies.
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ita
01-24 10:36 PM
If you have not already tried these:
Look for postings on indeed.com...this site actually pulls data from various sites...you might also have contacts of the recruiters in the postings sometimes.
Also there is Monster,Corp-Corp.com,Dice, Hotjobs,Net-temps. You can look up the recruiter info from the postings and call them to see if they have any openings.
I also sent you a PM.
Hope this helps.
To start this effort out, here is my info.
- I am an IT Consultant with over 11+ years of total IT experience. I live in Chicago. My primary skillset is that of a Sr. Business Analyst and Project Manager. I specialize in Agile Methodologies especially Scrum and XP. Have consulted with Fortune 100 as well as small start-ups.
- Would prefer permanent positions but am open to shorter contracts (including Contract to Hire, Corp-Corp, etc.)
- Looking primarily for work in the Chicago area but am open to travel nationwide on a Mon-Fri basis (My clients typically cover my travel expenses but if the rate is decent enough, I can cover it myself)
- Have an EAD till mid 2010
- Will consider relocating for the right position. I own my place and selling in this market is not an appealing thought so this is the last possible option.
Please PM me if you know of any positions that havent been openly advertised as yet.
Look for postings on indeed.com...this site actually pulls data from various sites...you might also have contacts of the recruiters in the postings sometimes.
Also there is Monster,Corp-Corp.com,Dice, Hotjobs,Net-temps. You can look up the recruiter info from the postings and call them to see if they have any openings.
I also sent you a PM.
Hope this helps.
To start this effort out, here is my info.
- I am an IT Consultant with over 11+ years of total IT experience. I live in Chicago. My primary skillset is that of a Sr. Business Analyst and Project Manager. I specialize in Agile Methodologies especially Scrum and XP. Have consulted with Fortune 100 as well as small start-ups.
- Would prefer permanent positions but am open to shorter contracts (including Contract to Hire, Corp-Corp, etc.)
- Looking primarily for work in the Chicago area but am open to travel nationwide on a Mon-Fri basis (My clients typically cover my travel expenses but if the rate is decent enough, I can cover it myself)
- Have an EAD till mid 2010
- Will consider relocating for the right position. I own my place and selling in this market is not an appealing thought so this is the last possible option.
Please PM me if you know of any positions that havent been openly advertised as yet.
more...
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ppt.b
04-02 01:59 PM
As far as I know "Accounting and Finance" is part of Math. Someone can correct me if I am wrong
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QuintonBermuda
05-11 09:44 AM
I would like to become a US citizen one day. The US was built on the backs of people that against all odds, fought to make this the country the way it is, using every opportunity that was given to them. For some of the repliers on this tread, you don't deserve to be a US citizen.
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sc3
10-10 04:15 PM
I would appreciate if anybody can shed some light on this issue. There are applicants in 2003 and 2004 or even earlier from coutries like India and China who started their immigration process way before this retrogression happened. They were and still some of them are hoping that their GC would come soon. From late 2005 the retrogression started.
Can these applicants write to the USCIS that they should not subjected to this retrogression since they were not notified of this retrogression before they started the process. In that way the USCIS can clear atleast their backlogs and the priority dates can move forward for the rest of the applicants. There may be a large group of such people in IV forum who all can come together and start this process.
I am not trying to discredit the applicants later in the process, but with the earlier applicants getting their GC. it will move the priority dates forward.
No one can be told about retrogression before they start (which is why it is retrogression). Of course you can write, but USCIS is not going to follow it unless it really plans to clean up its act. And if it does plan to clean up its act, your mails are not really required :)
There are lot of inefficiencies in the process. Look at what happened to people who went through BEC (worst affected, 4-5 years wait), then look at those who had to wait 2-4 years for the labor (but managed to stay clear of BEC). And then look at those who "Complain" that their PERM did not go through within a couple of months. And then look at the people who have very late priority date and yet claim to be a "victim" of USCIS (it really cracks me up), and that they are stuck with the process (even though they are in the system for less than a couple of years or so).
All of these are personal stories, USCIS could be a little kind hearted and follow the suggestions you make -- but they are not required to be so.
Also on a side note, their new system is probably going to be helpful in determining the new visa bulletin, but without processing efficiencies, it will be of no use.
Can these applicants write to the USCIS that they should not subjected to this retrogression since they were not notified of this retrogression before they started the process. In that way the USCIS can clear atleast their backlogs and the priority dates can move forward for the rest of the applicants. There may be a large group of such people in IV forum who all can come together and start this process.
I am not trying to discredit the applicants later in the process, but with the earlier applicants getting their GC. it will move the priority dates forward.
No one can be told about retrogression before they start (which is why it is retrogression). Of course you can write, but USCIS is not going to follow it unless it really plans to clean up its act. And if it does plan to clean up its act, your mails are not really required :)
There are lot of inefficiencies in the process. Look at what happened to people who went through BEC (worst affected, 4-5 years wait), then look at those who had to wait 2-4 years for the labor (but managed to stay clear of BEC). And then look at those who "Complain" that their PERM did not go through within a couple of months. And then look at the people who have very late priority date and yet claim to be a "victim" of USCIS (it really cracks me up), and that they are stuck with the process (even though they are in the system for less than a couple of years or so).
All of these are personal stories, USCIS could be a little kind hearted and follow the suggestions you make -- but they are not required to be so.
Also on a side note, their new system is probably going to be helpful in determining the new visa bulletin, but without processing efficiencies, it will be of no use.
skd
10-18 04:04 PM
Is there a way I can re-capture the date ?
martinvisalaw
02-01 01:45 PM
I can still go to F1 till my labor and 140 gets approved and then I can apply for H1 extension based on this.
My understanding is that you can get a 7th year "extension" even if you are not in H-1B status. I do caution you about the F-1, in that is allows for limited employment and you are unlikely to be able to travel outside the US while in F-1 status. This is because it is unlikely that a consulate will issue you with an F-1 visa stamp. A consulate is unlikely to believe that you have the required nonimmigrant intent if you have been here for 6 years in H-1B status (maybe more before then) and your employer has started the permanent residence process.
My understanding is that you can get a 7th year "extension" even if you are not in H-1B status. I do caution you about the F-1, in that is allows for limited employment and you are unlikely to be able to travel outside the US while in F-1 status. This is because it is unlikely that a consulate will issue you with an F-1 visa stamp. A consulate is unlikely to believe that you have the required nonimmigrant intent if you have been here for 6 years in H-1B status (maybe more before then) and your employer has started the permanent residence process.
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