sameet
04-14 03:20 PM
With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.
Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
Let me get this straight:
I have a pending 485 through employer A and then switch my H1B to Employer B. In that case, if I file AC21 through Employer B as long as the position is same/similar (meaning in the same classification with similar responsibilities) will it cause any issues in getting a green card? Note that I will already be working for Employer B when I get the GC.
Just wondering if this situation would raise doubts in the IO's mind.
Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
Let me get this straight:
I have a pending 485 through employer A and then switch my H1B to Employer B. In that case, if I file AC21 through Employer B as long as the position is same/similar (meaning in the same classification with similar responsibilities) will it cause any issues in getting a green card? Note that I will already be working for Employer B when I get the GC.
Just wondering if this situation would raise doubts in the IO's mind.
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puskeygadha
07-17 03:56 PM
They give very generic answer to clients
i dont think they care about individuals...
if they continue like this they will loose business..lots of people are
suffering
i dont think they care about individuals...
if they continue like this they will loose business..lots of people are
suffering
sandy_anand
01-24 09:38 AM
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
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gcpain
03-29 08:22 AM
I agree although absolute aim is getting GC , But It is too vague to put as a clearly defined objective.
Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
It is more complicated/different and there are forums which knows the issues clearly and are adressing them
We need to work towards all category of Employment Immigration like EB1, EB2 and EB3. Apart from other priorities including getting GC as early as possible, our top priority is applying I485,AP & EAD for all categories when they are not current.
DPSG: Again do not post any messages like for only EB2 or EB1. It has to be all EB categories.
Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
It is more complicated/different and there are forums which knows the issues clearly and are adressing them
We need to work towards all category of Employment Immigration like EB1, EB2 and EB3. Apart from other priorities including getting GC as early as possible, our top priority is applying I485,AP & EAD for all categories when they are not current.
DPSG: Again do not post any messages like for only EB2 or EB1. It has to be all EB categories.
more...
LONGGCQUE
04-15 08:02 AM
Join the campaign on I485 filing thread .... there could be 1000's of who are impacted ...
ImmigrationAnswerMan
06-29 10:35 PM
The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
more...
augustus
04-22 10:31 AM
My lawyer got the RFE notice yesterday....
USCIS requesting the following...
1. Dated letter from employer detailing job duties and position
2. Your proffered position if different from current one
3. Date I began employment and current salary
4. Letter must be signed by executive officer of the company
5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist
They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
USCIS requesting the following...
1. Dated letter from employer detailing job duties and position
2. Your proffered position if different from current one
3. Date I began employment and current salary
4. Letter must be signed by executive officer of the company
5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist
They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
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21stIcon
12-20 08:40 PM
Undocumented amount 33% taken out from monthly compensation then pay roll tax withhold amount went to federal, state tax, social tax and Medicare.
My point is how can employer deduct tax with is not shown on pay slip.
What would be take home for 100k base? He should deposit $8333/pm not $5835/pm then pay roll processing department will deduct appropriate amount not he deducts 33% then sends to pay roll.
My point is how can employer deduct tax with is not shown on pay slip.
What would be take home for 100k base? He should deposit $8333/pm not $5835/pm then pay roll processing department will deduct appropriate amount not he deducts 33% then sends to pay roll.
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grupak
08-15 02:06 PM
What is ur PD, ND, RD and Service Center?
I had these in another thread but roughly
PD May 2006
RD 8/2/2007
ND 9/27/2007
TSC. Got the CPO email on 8/7/08. Then welcome email 8/8/08, approval notice 8/12/08. Received approval notice yesterday, cards this morning. Great start to a weekend.
Good luck to all!!
I had these in another thread but roughly
PD May 2006
RD 8/2/2007
ND 9/27/2007
TSC. Got the CPO email on 8/7/08. Then welcome email 8/8/08, approval notice 8/12/08. Received approval notice yesterday, cards this morning. Great start to a weekend.
Good luck to all!!
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admin
05-08 07:09 AM
I would like to know, can I get my H-1B at 6.0 year of my H-4 with my spouse�s approved I-140 (affected by EB-3 retrogression)?
As per an article in murthy.com - http://murthy.com/news/n_h1bnew.html - USCIS might soon introduce a memo that would decouple the 6 year limit for H1b from the limit for H4. If that is the case, once can be on H4 for 6 years and then 6 years on H1B.
As per an article in murthy.com - http://murthy.com/news/n_h1bnew.html - USCIS might soon introduce a memo that would decouple the 6 year limit for H1b from the limit for H4. If that is the case, once can be on H4 for 6 years and then 6 years on H1B.
more...
piyu7444
07-03 01:59 AM
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.
Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
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sac-r-ten
03-12 09:54 AM
really funny...
but hey it should go in the "Lighten Up" thread, instead of creating a new thread. just a thought.
but hey it should go in the "Lighten Up" thread, instead of creating a new thread. just a thought.
more...
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anu_t
06-17 12:13 PM
[QUOTE=senthil1]Why do you think the bill will be passed? It is very tough. Even Senate passes it is tough in House. Also it may not be passed in current form. Even current form is passed you will get gc faster than the people who are filing I485 now. Because most of the persons like you already filed I 485 you can file by point system and you will get soon as you have 5 years US experience.
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess that point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
Yes That's my point
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess that point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
Yes That's my point
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ushkand
09-15 10:27 PM
For the main applicant (me) under
Section: Adjustment as direct beneficiary of immigrnt petition
For spouse
Section: Derivtive Adjustment
Maybe you need to call an attorney and eventuallu USCIS to get this corrected.
Section: Adjustment as direct beneficiary of immigrnt petition
For spouse
Section: Derivtive Adjustment
Maybe you need to call an attorney and eventuallu USCIS to get this corrected.
more...
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beautifulMind
08-08 08:44 PM
Universities are non profit organizations hence not restricted by h1b quota..Try to find a job in a non profit organization till then stay in school ...you can also consider getting married :) which will open up more options for you
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crystal
04-28 03:08 PM
What possible reasons , you think you might get an RFE on h1-b extension?
more...
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belmontboy
11-03 09:14 PM
You have to be either hard right or hard left to move things around, Obama is neither w.r.t immigration. So don't expect wonders :)
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tnite
09-27 09:36 AM
Even i got the Section: UNKNOWN thing from NSC. My 140 approved on MAY 2007, But online case status is still showing case pending, Is it because of this?
Just to add to the pile, Mine says "UNKNOWN".
So what? Move on guys and if you're still worried take it with you to FP and ask the IO
Just to add to the pile, Mine says "UNKNOWN".
So what? Move on guys and if you're still worried take it with you to FP and ask the IO
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ags123
07-26 11:44 AM
Yes it can be done for 180 days after approval given that marriage occured before approval.
My confusion is with the lockboxes.
The application says file at chicago lockbox
The lawyer says Nebraska Service Centre.
Anyone who has recently done this please let me know.
Thanks
A
My confusion is with the lockboxes.
The application says file at chicago lockbox
The lawyer says Nebraska Service Centre.
Anyone who has recently done this please let me know.
Thanks
A
pmpforgc
04-27 10:18 AM
Hi
I think it is true that you need to be careful with Indian immigration people.
Two three years back One of my senior NRI friend's wife who is US citizens passport was Intentionally Lost by Immigration People at bombay airport by immigration people, which could be recovered after SEVERAL DAYS of INTENSE PRESSURE on immigraton people by US consulate authorities as well as official complaints at Police.
SO you can not ignore this issue. You definately need to be careful when you hand over your documents to Airport peoples at Indian airports.All may not be that bad, but several such cases are happened.
I think they do this only to NRI to earn lot of money out of immigration racket. with recent involvement of MP etc. in racket we can see that how deep this thng can go if people are not careful or opposing it at every chance.
Citizens of other countries who are not NRI does not need to Worry about this as they can not earn anything with their passport US visa stamp etc. So they will never do these type of thing with any other foreign citizen who is not NRI (non-resident indian)
I think it is true that you need to be careful with Indian immigration people.
Two three years back One of my senior NRI friend's wife who is US citizens passport was Intentionally Lost by Immigration People at bombay airport by immigration people, which could be recovered after SEVERAL DAYS of INTENSE PRESSURE on immigraton people by US consulate authorities as well as official complaints at Police.
SO you can not ignore this issue. You definately need to be careful when you hand over your documents to Airport peoples at Indian airports.All may not be that bad, but several such cases are happened.
I think they do this only to NRI to earn lot of money out of immigration racket. with recent involvement of MP etc. in racket we can see that how deep this thng can go if people are not careful or opposing it at every chance.
Citizens of other countries who are not NRI does not need to Worry about this as they can not earn anything with their passport US visa stamp etc. So they will never do these type of thing with any other foreign citizen who is not NRI (non-resident indian)
suresh.emails
09-14 10:49 AM
The following are answers to your questions. Even I got stamping in Singapore. I use to work in Singapore. I came to USA couple years ago.
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
There is NO order; who should go first.
Even I was married when I appeared for the interview. I did not take my wife along with me to the interview. Usually, Interview officer does not ask you about where is your spouse?. It is up to you to take spouse for dependent status visa. Visa officer always thinks that spouse will get H4 visa processed once after actual H1-B visa is stamped.
Usually, most of us will go for H1-B visa stamping first and later we send our respective spouses for stamping on dependent status.
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
The only evidence they can ask you is about your marriage certificate and your marriage photos. Even this is for when dependent goes to get H4 visa stamping . But definitely not for actual H1-B visa stamping.
As per as I know (remember), they are not suppose to ask you beyond that. I mean, there is a limit to ask on the questions. Otherwise, No deep personal questions.
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
In your cases; you will be by default be dependent to each other (as you will be mention your spouse information in DS-156 form).
If one of your H1-B is approved; then other will be automatically dependent (in case H1-B is not approved for other).
US embassy in Singapore interview is kind of cool on just like an interview in Mexico. Cool .. Answer to the question asked; All it takes to decide is 2 minutes in the interview process.
4 My h1b was denied last year because of company project document issue with same Singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
You have to mention that in your DS-156 form (for any previous visa refusals). It is up to the visa officer to ask you questions on that.
I believe it is US Consulate in Singapore (but not Singapore Embassy)
Try to be genuine on providing information.
It took about 15 minutes; from the time I entered into US Consulate , to finish the whole interview process and go come out.
You donot have to provide information about your spouse that she/he is appearing for interview on the same day unless otherwise is asked by the visa officer.
Answer to the questions asked; don't be over smart and start answering questions.
I wish you best of luck for your H1-B stamping.
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
There is NO order; who should go first.
Even I was married when I appeared for the interview. I did not take my wife along with me to the interview. Usually, Interview officer does not ask you about where is your spouse?. It is up to you to take spouse for dependent status visa. Visa officer always thinks that spouse will get H4 visa processed once after actual H1-B visa is stamped.
Usually, most of us will go for H1-B visa stamping first and later we send our respective spouses for stamping on dependent status.
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
The only evidence they can ask you is about your marriage certificate and your marriage photos. Even this is for when dependent goes to get H4 visa stamping . But definitely not for actual H1-B visa stamping.
As per as I know (remember), they are not suppose to ask you beyond that. I mean, there is a limit to ask on the questions. Otherwise, No deep personal questions.
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
In your cases; you will be by default be dependent to each other (as you will be mention your spouse information in DS-156 form).
If one of your H1-B is approved; then other will be automatically dependent (in case H1-B is not approved for other).
US embassy in Singapore interview is kind of cool on just like an interview in Mexico. Cool .. Answer to the question asked; All it takes to decide is 2 minutes in the interview process.
4 My h1b was denied last year because of company project document issue with same Singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
You have to mention that in your DS-156 form (for any previous visa refusals). It is up to the visa officer to ask you questions on that.
I believe it is US Consulate in Singapore (but not Singapore Embassy)
Try to be genuine on providing information.
It took about 15 minutes; from the time I entered into US Consulate , to finish the whole interview process and go come out.
You donot have to provide information about your spouse that she/he is appearing for interview on the same day unless otherwise is asked by the visa officer.
Answer to the questions asked; don't be over smart and start answering questions.
I wish you best of luck for your H1-B stamping.