uma001
10-01 09:58 AM
I work at one of these companies & they applied for my GC.
1. This company only applies only after you get certain level of ranking in your year-end appraisal - disclosed during hiring process
2. You must complete x years of service.
3. Right now, economy is down & they won't apply if they feel that Labor application is going to get rejected; as it hurts their reputation & process.
I know one person in my company - whom company denied GC 'cos of Labor market but now they are starting the process of the person..(once law firm gave the green light)
So just saying - these companies don't apply - is not right.
Also, once everything is ok - you need to realize that sponsoring GC is approved by your manager as all the associated costs are allocated to his/her cost center; so company as such doesn't have issue with the cost.
Dont trust these kind of companies. if you don't get good rating in appraisal , you will be laid off .
1. This company only applies only after you get certain level of ranking in your year-end appraisal - disclosed during hiring process
2. You must complete x years of service.
3. Right now, economy is down & they won't apply if they feel that Labor application is going to get rejected; as it hurts their reputation & process.
I know one person in my company - whom company denied GC 'cos of Labor market but now they are starting the process of the person..(once law firm gave the green light)
So just saying - these companies don't apply - is not right.
Also, once everything is ok - you need to realize that sponsoring GC is approved by your manager as all the associated costs are allocated to his/her cost center; so company as such doesn't have issue with the cost.
Dont trust these kind of companies. if you don't get good rating in appraisal , you will be laid off .
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waitnwatch
07-28 01:06 PM
You are one funny guy in this thread with high sense of humor!! I like that!!!
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
and he/she forgot to mention the part about taking a hot shower as a convenient replacement for a dip in a holy river!!!!!!!!!:D
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
and he/she forgot to mention the part about taking a hot shower as a convenient replacement for a dip in a holy river!!!!!!!!!:D
amsgc
05-28 07:42 PM
Here is what I would do:
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Sorry, I think I posted in wrong place.
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Sorry, I think I posted in wrong place.
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.
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coopheal
05-06 09:52 PM
Can you please brief us regarding what action IV has taken...
If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.
If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.
more...
webm
04-29 09:00 AM
I opened the mailbox at home this evening and to my complete surprise -- the physical card! Sudden burst of efficiency at USCIs, 6 days from approval to actual delivery of card.
Good luck to everyone else!
Enjoy the Green on hand!!
Good luck to everyone else!
Enjoy the Green on hand!!
svr_76
06-10 01:24 PM
xactly. so the immi grps impacted are H1 and recent/new I-140 filers.
In the past pure H1B holder (no intension to adjust or working for firms that dont sponser GC) were not actively participating in IV's activities as they were never impacted and had the option to stay away.
This new rule-making definitely impact them..and should be an opportunity to join IV in more active way.
In the past pure H1B holder (no intension to adjust or working for firms that dont sponser GC) were not actively participating in IV's activities as they were never impacted and had the option to stay away.
This new rule-making definitely impact them..and should be an opportunity to join IV in more active way.
more...
lost_in_migration
08-15 04:24 PM
That was my day-dream while sitting @ office ;)
They should have continued down to EB3 w/ those dates..!
They should have continued down to EB3 w/ those dates..!
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desi3933
01-30 02:54 PM
Ok.......
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
ashwin_27
02-28 03:09 PM
I am flying in from California on Sunday (april 3rd morning) and will be flying back on tuesday evening (flight departs 5 Pm - could not get red-eye) from DCA (Reagan DC Natl Airport).
Was planning to rent a car anyway for Sunday (to attend orientation and other personal errands). Holding off on renting car for Mon/Tue depending on car pool and other commute options. Will be staying with a host from this forum.
Look forward to syncing up with other folks in the same boat.
Was planning to rent a car anyway for Sunday (to attend orientation and other personal errands). Holding off on renting car for Mon/Tue depending on car pool and other commute options. Will be staying with a host from this forum.
Look forward to syncing up with other folks in the same boat.
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NKR
02-20 03:17 PM
Thanks Googler. This wait for GC has made me forget the definition of patience :)
more...
yabadaba
09-27 10:56 AM
moneyman->awesome post on your brother's experience. this will enable many of us fence sitters thinking about r2i ing to take the plunge.
hot Valentines Day Clipart
pappu
02-03 10:01 AM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
Hello Mirage,
could you please update your profile dates so that it can help everyone in IV tracker. Thanks.
While your concern is genuine, our experience says it is not that easy to remove country quota with a 2 line bill. IV will advocate for it, but understand that it will not happen in isolation and it is not feasible in an isolated bill. Lot of ROW have this misconception that IV just wants to remove country caps and help people of particular countries. That is not true. Our aim is to end retrogression for 'everyone'. Country caps is one of the ways by which we aim to do that. But understand an immigration bill will not have just country cap removal. That is not practical. There will be recapture and other possible measures like raising limit or backlog elimination specific measures with time limit.
So do not fan emotions through the post because people start getting agitated without fully understanding the reality and what and how IV aims to approach this problem.
We prefer that we help clear misunderstandings with other fellow members whenever they argue on this topic.
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
Hello Mirage,
could you please update your profile dates so that it can help everyone in IV tracker. Thanks.
While your concern is genuine, our experience says it is not that easy to remove country quota with a 2 line bill. IV will advocate for it, but understand that it will not happen in isolation and it is not feasible in an isolated bill. Lot of ROW have this misconception that IV just wants to remove country caps and help people of particular countries. That is not true. Our aim is to end retrogression for 'everyone'. Country caps is one of the ways by which we aim to do that. But understand an immigration bill will not have just country cap removal. That is not practical. There will be recapture and other possible measures like raising limit or backlog elimination specific measures with time limit.
So do not fan emotions through the post because people start getting agitated without fully understanding the reality and what and how IV aims to approach this problem.
We prefer that we help clear misunderstandings with other fellow members whenever they argue on this topic.
more...
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gcisadawg
03-09 06:40 PM
I am tired of words "Something is Cooking". All I care now is cooked food - whatever is cooking.
u bet! :D
u bet! :D
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msgrewal81
02-19 02:44 PM
Looks like lots of >5 years people here. :D
It is my feeling that "Illegals>5 years" should not be preferred over "legals<5 years". I also think that this bill makes things tough for<5 years except temporarily reducing backlog(that too is a big 'maybe') . I am not arguing. You do what you do and I do what I do. I dont know what IV will do.
Thanks and good luck.
It is my feeling that "Illegals>5 years" should not be preferred over "legals<5 years". I also think that this bill makes things tough for<5 years except temporarily reducing backlog(that too is a big 'maybe') . I am not arguing. You do what you do and I do what I do. I dont know what IV will do.
Thanks and good luck.
more...
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perm2gc
12-27 12:41 AM
One more
http://classifieds.sulekha.com/bay-area/immigration/everything-else/clad.aspx?cid=1528572&nma=sfo
http://classifieds.sulekha.com/bay-area/immigration/everything-else/clad.aspx?cid=1528572&nma=sfo
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neelu
12-12 03:38 PM
I totally agree with you. That`s what I am saying too. I am glad that you got my point instead of refering me to INT. There are ways and we have to find out. I think core team should guide us in right direction
thx.
While I kinda agree, I think we should do our own research instead of asking core team to direct us for everything.
thx.
While I kinda agree, I think we should do our own research instead of asking core team to direct us for everything.
more...
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rajuseattle
07-14 07:48 PM
One more thing AC-21 is not a formal USCIS form which one can fill in and send it over to USCIS, its just a letter wherein you or your legal representative informs USCIS about the change in employment, be it a job promotion with same employer or u switching the Job using the AC-21 provisions.
As explained earlier in this forum, 180 day rule interpretation is solely USCIS's descretion, if USCIS adjudicator who is working on your case accepts your new EVL and approves your case you are good to go, but for some reason the adjudicator keeps sending more RFE then you will need someone who can answer them in a legal language and thats where attorney services comes in handy.
I am hoping for the best for you that once they see your new EVL, they are satisfied and sends you GC.
As explained earlier in this forum, 180 day rule interpretation is solely USCIS's descretion, if USCIS adjudicator who is working on your case accepts your new EVL and approves your case you are good to go, but for some reason the adjudicator keeps sending more RFE then you will need someone who can answer them in a legal language and thats where attorney services comes in handy.
I am hoping for the best for you that once they see your new EVL, they are satisfied and sends you GC.
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gc_check
07-29 01:19 PM
Given the unemployment rate and also the current market condition, it is not really favorable for starting a Green Card process (Labor/PERM) if you belong to one of the field, where there are adequate number of people already available. The recent economic conditions has flooded the market with many people who might qualify, as the requirement is to accept any US Citizen/Perm Resident, if one has the minimum qualification, even if you do not have all that is requested for. Future GC holder might like this provision after GC !! It is now become even difficult to prove that no matching candidate was found. If you are eligible for EB1/EB2 (National Interest Waiver / Exceptional Ability) where you can get a waiver for labor and go for I-140 directly, then you have a better chance. Sadly (IT/Consultants) etc do not come under this, unless you are that exceptional with many patents, etc.. and have a better designation in the organization. Even couple patents would do no good in this case :(. One of the first step for GC, is to prove that it is not adversely affecting the US Citizen/Permanent Residents already in the country and if the HR is sure on this, they can't prove that no US citizen is available, they will not process GC. Remember the TARP Funded companies had restrictions imposed on them. Some of the companies listed are all good corporation that do thins per the law / books. Well, unless it is a small body shop totally rely on Consultants / Non-immigration worked for any reason, big companies will not spend extra $'s to get the Attorney's to be more creative to get through the process. When supply is adequate, they do not care. Unfortunately this causes so much stress / difficulty for the applicant going through the general EB3/EB2 (labor) category and USCIS slow processing and loop holes that were not addressed in the past but addressed now (Labor Sub. / Diff. process window in diff region, when people with later dates go through first,) per country limit, lost visa numbers cause enormous delay and added stress, but irrespective of all this, people still make it through eventually. A little patience and being persistent and take right steps will help regardless. We all know, the system is bad, complaining against it would not change. Work on making some positive influence on the system and even you fail many times, with each failure you go one step closure to achieve your goal. There were some success/relief that was obtained with the efforts of IV and the likes.. some set backs, but things will change for good. Sadly, due to lack of time, some people get affected the most and others not so much. Thatz life and real !!!
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
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prinive
02-21 10:22 AM
Thanks... But I dont think so it will happen... Any how if it happens, a bag of sugar for you...
Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.
Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.
Canadianindian
02-04 09:33 AM
Recently got Laid off. Here are my details:
-485 has been pending >180 days
-PD: Feb 2006
-Last day of work is 6th March, 2009
-EAD valid for another 6 months or so.
-I am working on H1-B, which is valid till 2010.
I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.
My questions are:
-Can one stay unemployed on EAD without jeopardizing the GC process?
-Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
-Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
I mean when do I have to inform USCIS if at all?
Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
Contributions: $350 +
Led various fund raising efforts for Tristate Area
Was in the DC rally
Priority Date: Feb 2006
-485 has been pending >180 days
-PD: Feb 2006
-Last day of work is 6th March, 2009
-EAD valid for another 6 months or so.
-I am working on H1-B, which is valid till 2010.
I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.
My questions are:
-Can one stay unemployed on EAD without jeopardizing the GC process?
-Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
-Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
I mean when do I have to inform USCIS if at all?
Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
Contributions: $350 +
Led various fund raising efforts for Tristate Area
Was in the DC rally
Priority Date: Feb 2006
desi3933
07-09 04:20 PM
legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...
You have the prove 2 things
This "bad faith" was illegal and it caused harm & damages.
Winning a case in court and being emotionally charged are two different things.
__________________
Not a legal advice.
You have the prove 2 things
This "bad faith" was illegal and it caused harm & damages.
Winning a case in court and being emotionally charged are two different things.
__________________
Not a legal advice.
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