nfinity
03-14 10:41 AM
I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.
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kevinkris
10-10 05:23 PM
Beware of contractual agreements between your company and the end client. Normally they will have contrac that you will no join the vendor or client directly after the contract is terminated. You will be in legal problems. This is nothing to do with your GC.
I recommend, since you go GC find a job else where once you are fired by your company.
I recommend, since you go GC find a job else where once you are fired by your company.
citruxz
01-15 10:05 PM
waiting in the new congress
Check the Bill H.R.264
http://thomas.loc.gov/home/c111query.html
Check the Bill H.R.264
http://thomas.loc.gov/home/c111query.html
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Houstonguy
07-15 03:50 PM
Hi Guys, I am in Houston.
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like_watching_paint_dry
03-15 01:13 PM
u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off
It's not an optional or goodwill thing. With a little bit of googling around here's what I found:
Notify the INS and pay for transportation. Most employment-related visas require the employer to notify the INS when an alien has been fired so that INS can revoke the visa. "Employers are obligated to pay for return travel for that employee back to their home country," Topoleski tells HRWire. Employers who do not comply with these responsibilities are risking being subject to continuing wage obligations for the employee. "The employer's payment obligation ends only if there has been a 'bona fide' termination of the employment relationship, which the DoL will deem to have occurred when the employer notifies the INS of the termination, the H-1B petition is canceled, and the return fare obligation is fulfilled," says Topoleski.
Link: http://www.visalaw.com/news/HRWIRE%20Article%20on%20downsizing.htm
You can complain to DOL if due wages were not paid. I would try and hurt these kind of desi consultancy companies where-ever possible just for having poor ethics.
It's not an optional or goodwill thing. With a little bit of googling around here's what I found:
Notify the INS and pay for transportation. Most employment-related visas require the employer to notify the INS when an alien has been fired so that INS can revoke the visa. "Employers are obligated to pay for return travel for that employee back to their home country," Topoleski tells HRWire. Employers who do not comply with these responsibilities are risking being subject to continuing wage obligations for the employee. "The employer's payment obligation ends only if there has been a 'bona fide' termination of the employment relationship, which the DoL will deem to have occurred when the employer notifies the INS of the termination, the H-1B petition is canceled, and the return fare obligation is fulfilled," says Topoleski.
Link: http://www.visalaw.com/news/HRWIRE%20Article%20on%20downsizing.htm
You can complain to DOL if due wages were not paid. I would try and hurt these kind of desi consultancy companies where-ever possible just for having poor ethics.
a_yaja
04-05 12:09 PM
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.
Are you sure AC21 is valid for Consular Processing? AFAIK, AC21 applies only to AOS applications. See Murthy's note on CP vs AOS @ http://www.murthy.com/news/UDaosvcp.html
Also, if you move outside of the country permanently, why would one want to pursue GC option? GC is only for people who want to stay in the US permanently. After getting the GC, there are other conditions you need to meet to maintain your GC status - one of them is to have the US as your country of residence.
You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.
Are you sure AC21 is valid for Consular Processing? AFAIK, AC21 applies only to AOS applications. See Murthy's note on CP vs AOS @ http://www.murthy.com/news/UDaosvcp.html
Also, if you move outside of the country permanently, why would one want to pursue GC option? GC is only for people who want to stay in the US permanently. After getting the GC, there are other conditions you need to meet to maintain your GC status - one of them is to have the US as your country of residence.
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reddymjm
12-10 06:04 PM
BUMP.....
EB2-I wait for April Bulletin.
Good to see EB3 movement.
EB2I and EB3 I should wait till Jul Bulletin.
EB2-I wait for April Bulletin.
Good to see EB3 movement.
EB2I and EB3 I should wait till Jul Bulletin.
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wandmaker
08-06 04:47 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Your wife's application has reached USCIS on 8/1 and your approval came in today. You are covered, nothing to worry
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Your wife's application has reached USCIS on 8/1 and your approval came in today. You are covered, nothing to worry
more...
kaarmaa
05-04 06:07 PM
Hi kaarmaa
Thanks for your response.
I am guessing you had a 3 years extension after your 6 years and in your 7th year you transferred over just as a normal H1b would have done. Correct? So in this case, what is the significance of I-140 since your new emplyer will have to apply for PERM and LC again in any case?
No.
I'm in my 7th and my H1B is expiring this June. My new employer filed for a three year extension using my approved 140 copy.
I-140 can be used to reclaim the old priority date.
Please consult an attorney. I have knowledge limited to my case.
Thanks for your response.
I am guessing you had a 3 years extension after your 6 years and in your 7th year you transferred over just as a normal H1b would have done. Correct? So in this case, what is the significance of I-140 since your new emplyer will have to apply for PERM and LC again in any case?
No.
I'm in my 7th and my H1B is expiring this June. My new employer filed for a three year extension using my approved 140 copy.
I-140 can be used to reclaim the old priority date.
Please consult an attorney. I have knowledge limited to my case.
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Dhundhun
07-12 02:35 PM
The application was received on 7/10 and the checks were cashed today - How will you receive the resceipt number ? Would it come in the mail?
USCIS will sent you receipt. If you do internet banking and can see your check, on reverse side of check, they stamp with detailed infromation. If you can access that you can find it.
Yesterday I picked up receipt number for my son from check, who applied OPT/EAD in CSC.
Otherwise wait for few more days to get receipt.
USCIS will sent you receipt. If you do internet banking and can see your check, on reverse side of check, they stamp with detailed infromation. If you can access that you can find it.
Yesterday I picked up receipt number for my son from check, who applied OPT/EAD in CSC.
Otherwise wait for few more days to get receipt.
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Hello_Hello
01-04 06:52 PM
This is how they could have replied. They should have started a 10 Rs. Education cess on every McDonald burger sold and every Pepsi/Coke bottle sold and every pizza sold by pizza hut & Dominos. This is barely anything, as it is only what we see on the surface, other big corporation like Walmart and several defense contractors are also operating freely and feeling home. Indian govt. should start taxing them..
America teaches Swadeshi when it comes to America & Videshi when in Videsh, it is hypocrisy..
America teaches Swadeshi when it comes to America & Videshi when in Videsh, it is hypocrisy..
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kaisersose
07-17 04:46 PM
Kaisersose thank you for your reply. Is their a time limit for how long I have to work for the GC filling employer? what worries me is if they fire me in lets say 1 month after hire during their probation period am I safe? Even though i was working part time some where else.
No minimum period is necessary and firing will not have any negative impact.
No minimum period is necessary and firing will not have any negative impact.
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saimrathi
03-02 07:31 PM
She will not be out of status since she has a H1 valid till 2010. however when she leaves US she needs to present the I-94 that came with the I-797 Approval notice(H1). I am in a similar situation, however, I am going to Canada and returning.
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rb_248
08-14 03:34 PM
Dogking,
It took about 6 months. From what I understand, they pull your file from the BEC and cross check against your new PERM application. So if you have already got your 45 day letter, your case is already in the system and may be it will not take all that long.
there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.
rb_248, after you filed the conversion how long for you to got it approved?
It took about 6 months. From what I understand, they pull your file from the BEC and cross check against your new PERM application. So if you have already got your 45 day letter, your case is already in the system and may be it will not take all that long.
there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.
rb_248, after you filed the conversion how long for you to got it approved?
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vactorboy29
06-29 04:44 PM
Last year I had applied for Schengen business visa. I was able to get using Blue cross blue shield Letter saying about their international coverage.Call your insurance and ask them to fax coverage letter.
One more thing when I had applied for visa they just issued for specified days as it was mention in business invitation letter. Then I end up reapplying it to get for four months.
Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".
What are my options. Can you guys suggest where I can buy the insurance from.
One more thing when I had applied for visa they just issued for specified days as it was mention in business invitation letter. Then I end up reapplying it to get for four months.
Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".
What are my options. Can you guys suggest where I can buy the insurance from.
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eb3_nepa
10-01 07:47 PM
I guess some ppl have all the luck ;)
Getting ur EAD approved AND not even paying for it :)
Getting ur EAD approved AND not even paying for it :)
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gc_on_demand
02-03 01:41 PM
Hi
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.
Go back...
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.
Go back...
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lonedesi
07-14 08:38 AM
Very interesting facts about last year's GC allocation for EB category. Here is the top 15 countries that used up last years GC under this category. Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.
Philippines 23,733
India 17,169
Korea 10,886
China, People's Republic 9,484
Mexico 8,864
United Kingdom 6,409
Canada 6,382
Brazil 5,553
Ecuador 3,990
Poland 3,710
Colombia 3,242
Pakistan 3,136
Venezuela 2,308
Peru 2,305
Germany 2,197
For people curious about the family based allocation, following is the top 15 countries that used up last years GC's
Mexico 62,998
Dominican Republic 17,563
China, People's Republic 16,573
Philippines 16,020
India 14,525
Vietnam 12,781
Jamaica 6,218
El Salvador 6,003
Guyana 4,954
Colombia 3,828
Pakistan 3,777
Haiti 3,624
Bangladesh 3,384
Ecuador 3,095
Poland 3,051
These & more interesting information can be found in the spread sheet posted by DHS on their website
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
Philippines 23,733
India 17,169
Korea 10,886
China, People's Republic 9,484
Mexico 8,864
United Kingdom 6,409
Canada 6,382
Brazil 5,553
Ecuador 3,990
Poland 3,710
Colombia 3,242
Pakistan 3,136
Venezuela 2,308
Peru 2,305
Germany 2,197
For people curious about the family based allocation, following is the top 15 countries that used up last years GC's
Mexico 62,998
Dominican Republic 17,563
China, People's Republic 16,573
Philippines 16,020
India 14,525
Vietnam 12,781
Jamaica 6,218
El Salvador 6,003
Guyana 4,954
Colombia 3,828
Pakistan 3,777
Haiti 3,624
Bangladesh 3,384
Ecuador 3,095
Poland 3,051
These & more interesting information can be found in the spread sheet posted by DHS on their website
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
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howzatt
07-25 09:17 AM
Anybody please help ....
Check the home page. If you cannot find the details there, I would suggest that you find a lawyer or somebody who can search for you!
Check the home page. If you cannot find the details there, I would suggest that you find a lawyer or somebody who can search for you!
jvordar
04-07 05:48 PM
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
bigboy007
11-03 01:24 PM
Thanks what dox did u send ?