BharatPremi
07-05 05:00 PM
http://immigrationvoice.org/forum/showthread.php?t=738&page=9
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zCool
04-13 06:36 PM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Lawyer is correct. letter needs to be from future employer.
EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Lawyer is correct. letter needs to be from future employer.
EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..
kirupa
03-02 04:23 PM
Traditional painting qualifies!
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spicy_guy
04-25 01:18 PM
we live in Chicagoland. PM me if you would like to talk.
Sent a PM. Can you pls check?
Sent a PM. Can you pls check?
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saketkapur
09-16 05:25 PM
done
CNN=Corrupt Naitivist Network
CNN=Corrupt Naitivist Network
gc_wow
09-30 05:56 PM
I got Rfe to send pictures for Advance Parole, it is funny because already I have mailed them pictures, i dont know why they send me Rfe for that. AILA and immigration lawyers are leeches, ask any immigration lawyer they hate us to the core, yet this USCIS workers and immigration Lawyers choose to ignore that they are dependent on immigrants for their daily bread.
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akred
07-25 08:04 PM
I have found that SBI is the most cost effective one. There is some inconvienience as you have to register with them, but every transfer after that can be accomplished with a fax to their offices.
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LostInGCProcess
03-03 12:02 PM
Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
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CRAZYMONK
07-20 03:24 PM
Did you guys (@Sanjay, @linuxra, @Suvendra, @Optimizer) hear any thing back from USCIS? Any updates on your Case?
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fromnaija
03-24 12:49 PM
Thank you Mark how you rebuffed that stereotypical response on "being grateful to being here in this wonderful economy and enjoying such nice living conditions".
I really enjoyed the interview.
I really enjoyed the interview.
more...
Ann Ruben
03-08 07:10 AM
Hi Prem,
Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?
Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?
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maine_gc
02-01 07:32 AM
Finally after nine years in US my Green Card is approved.
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
more...
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harrydr
01-06 08:05 AM
Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.
So just wanted to understand if this was even legally possible.
So just wanted to understand if this was even legally possible.
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DDash
04-05 08:34 AM
Bump
more...
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senthil1
06-11 10:47 PM
1. Legally speaking he has to leave immeditely. But INS is not inhuman in those cases. If he finds a job within a few weeks he should be ok unless his previous company cancels H1b.
2. At least he has to get some H1B before his previous company cancels H1b. for transfering H1b.
3. If his previous company does not cancel H1b he can stay some time may be 1 or 2 months(But he will be out of status not overstay). If his company cancels H1b then that will be overstay then he has to leave the country. Best thing is find a consulting company and file H1b transfer before previous company cancels H1b. If that is not possible he can switch to F1 if he gets admission in University.
4. Recent paystub is needed to transfer H1b. If recent paystub is not there then it is INS dicretion to give H1b transfer
Those answers may not be accurate but may give some idea
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
2. At least he has to get some H1B before his previous company cancels H1b. for transfering H1b.
3. If his previous company does not cancel H1b he can stay some time may be 1 or 2 months(But he will be out of status not overstay). If his company cancels H1b then that will be overstay then he has to leave the country. Best thing is find a consulting company and file H1b transfer before previous company cancels H1b. If that is not possible he can switch to F1 if he gets admission in University.
4. Recent paystub is needed to transfer H1b. If recent paystub is not there then it is INS dicretion to give H1b transfer
Those answers may not be accurate but may give some idea
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
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BEC_fog
07-04 12:13 PM
Could someone please post the article here?
more...
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jonty_11
07-14 02:01 PM
Hopefully so..Thanks
no...They make mistakes..I received an already expired EAD card...so Please call and you do have to reapply.....byt within 120 days of te new EAD you got....right in BOLD about the error so they dont repeat it.
no...They make mistakes..I received an already expired EAD card...so Please call and you do have to reapply.....byt within 120 days of te new EAD you got....right in BOLD about the error so they dont repeat it.
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iamlost
07-24 09:59 PM
Hi all,
My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.
But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.
Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?
Thanks in advance !
My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.
But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.
Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?
Thanks in advance !
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Green06
08-24 10:48 AM
Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who know their worth. This is our most productive age and we won't waste it.
I will try finding the recording of the show and post it here.
I will try finding the recording of the show and post it here.
iman.karta
11-06 01:31 PM
Whats up, guys!
FYI:
My employer got a letter today stating that my form ETA9089 has been certified. Finally, after about 13 months waiting.
I got audited on November 2007. I filed the petition on October 2007.
Good luck with all of you guys.
Thanks for the supports!
FYI:
My employer got a letter today stating that my form ETA9089 has been certified. Finally, after about 13 months waiting.
I got audited on November 2007. I filed the petition on October 2007.
Good luck with all of you guys.
Thanks for the supports!
dealsnet
04-15 05:18 PM
You are correct. He have no option. Find a job, go back and tell them to do process the H1B, and do consular interview and stamping and come clean. You may have difficulty in approving the petition, or the process may take several months.
What you did a big mistake to ditch a company and go to a sucker. You are not supposed to start with the new company till you get the RECEIPT NOTICE after file for H1B. THAT IS A MISTAKE AND YOU ARE DID ILLEGAL ACTIVITY/JOB FROM THAT POINT OF TIME.
You have no choice but leave US immediately, go for CP, declare your overstay in the DS156 form, come clean to the VO and hope they forgive it.
Good Luck!
What you did a big mistake to ditch a company and go to a sucker. You are not supposed to start with the new company till you get the RECEIPT NOTICE after file for H1B. THAT IS A MISTAKE AND YOU ARE DID ILLEGAL ACTIVITY/JOB FROM THAT POINT OF TIME.
You have no choice but leave US immediately, go for CP, declare your overstay in the DS156 form, come clean to the VO and hope they forgive it.
Good Luck!
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