werc
03-26 04:29 PM
Its my understanding that you are not subject to the H1 B cap if you had a H1B in the last 6 years. This is as per the AC21 provisions.
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abhijitp
08-01 07:42 PM
hi:
I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.
I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.
I am getting experience letter from first employer but second employer where I worked for 4 months has no record.
Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.
Please let me know..is that is risky or will come back with RFE?
DB
Do you mean Progressive Experience Letters for the EB-2? If so, you probably do not qualify as before joining this current employer you did not have 5 years of experience (unless you have a Masters, in which case you don't care for Prog. Exp. letters).
If EB-3 why care, unless you mean just plain old "service certificate".. not sure if that makes a difference at all.
I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.
I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.
I am getting experience letter from first employer but second employer where I worked for 4 months has no record.
Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.
Please let me know..is that is risky or will come back with RFE?
DB
Do you mean Progressive Experience Letters for the EB-2? If so, you probably do not qualify as before joining this current employer you did not have 5 years of experience (unless you have a Masters, in which case you don't care for Prog. Exp. letters).
If EB-3 why care, unless you mean just plain old "service certificate".. not sure if that makes a difference at all.
overhere
07-18 09:03 AM
I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.
i see. anyway, good luck to you.
i see. anyway, good luck to you.
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mambarg
07-26 12:57 PM
This person mailed on June 28 and app received on June 29 and got his notice date on July 24. Today.
I could have been with him today but for my attorney who got extremely busy and did not file my 485 with 140 and got stuck with July fiasco
I could have been with him today but for my attorney who got extremely busy and did not file my 485 with 140 and got stuck with July fiasco
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wizpal
02-24 01:04 AM
It looks like we are a bunch of folks (from Texas) without any direction. Could any of IV core folks coordinate the meeting sometime next week. Make sure to invite(email) all of those who have responded to this thread.
imm_check
11-06 06:13 PM
Who issued the checks ?? Was it you or your employer ?
My employer has issued the checks
My employer has issued the checks
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leo2606
01-09 11:44 PM
Probably you are right for EB3 ROW but I don't think that is true for EB2 ROW.
I would have said 2020 but as you are not part of India or china may be 2015.
I would have said 2020 but as you are not part of India or china may be 2015.
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Prashanthi
08-21 01:54 PM
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? What might have triggered this RFW? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
__________________
The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.
Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.
It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.
It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? What might have triggered this RFW? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
__________________
The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.
Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.
It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.
It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.
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gcdreamer05
02-03 01:53 PM
fairy angel, there is a very kind and helpful person called "angry white male" a.k.a "Matt krusse" a.k.a "curry lover", please PM/Phone/Fax/Email this person and he will help you....
He may even get you a job....... :p
He may even get you a job....... :p
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sanju
02-03 06:22 PM
Thanks! And no, I have not gotten my green card, not even close!!
However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?
Because data you are referring is incorrect and fake. Data you are referring is produced by a business to make people come to that site.
And, if you seem know the answer, then why are you asking? Sorry that I wasted my time replying to your initial post.
.
However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?
Because data you are referring is incorrect and fake. Data you are referring is produced by a business to make people come to that site.
And, if you seem know the answer, then why are you asking? Sorry that I wasted my time replying to your initial post.
.
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Enebreus
02-09 03:11 PM
^^^ :eyeup:. Did you really actively go out and seek votes?
No... that was a joke. You were supposed to find it a tiny bit amusing (very tiny bit).
But it's nice to see you have such a high opinion of me :P
No... that was a joke. You were supposed to find it a tiny bit amusing (very tiny bit).
But it's nice to see you have such a high opinion of me :P
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sintax321
10-02 01:33 PM
So the colors and the blobs where made in 3DSM.:*( I don't have a copy so I guess I'm cursed to Photoshop. Oh well. Do you Know any good PS tutorial sites that I might not have found yet?
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GCKaMaara
04-07 04:52 PM
I am planning to go on a Hawaii cruise on the Norwegian Cruise line ship (Pride of America) which is registered in the US. My H1-B visa has expired but my I-94 is valid. The Cruise ship only visits islands in Hawaii and embarks/disembarks in Hawaii.
Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?
Any help will be greatly appreciated!
Call me stupid but I thought Hawaii is part of US only.
Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?
Any help will be greatly appreciated!
Call me stupid but I thought Hawaii is part of US only.
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raysaikat
04-30 08:55 AM
2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.
This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
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loveiv
07-15 12:57 PM
I have used AC21 to change jobs
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
How is this b*** s*** related to this community?
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
How is this b*** s*** related to this community?
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breddy2000
03-09 10:22 AM
Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?
Most of the Multinational executives are people who are managing their people(Onsite Project Managers and Onsite Co-ordinators) at the client locations and managing client relationship.
What I mean is, when you compare a NIW person( who is in research fields and publishes numerous papers and dedicated his/her life in scientific research, should be given preference over the Executive. EB1 belongs to exceptional individuals.
The general requirement is that the individual should have risen to the "top of her/his field of endeavor."
(i) as demonstrated by national or international acclaim
(ii) which should be recognized through extensive documentation and
(iii) the alien should continue the work in the same field and
(iv) would substantially benefit the U.S. prospectively
Hope you got it.
Most of the Multinational executives are people who are managing their people(Onsite Project Managers and Onsite Co-ordinators) at the client locations and managing client relationship.
What I mean is, when you compare a NIW person( who is in research fields and publishes numerous papers and dedicated his/her life in scientific research, should be given preference over the Executive. EB1 belongs to exceptional individuals.
The general requirement is that the individual should have risen to the "top of her/his field of endeavor."
(i) as demonstrated by national or international acclaim
(ii) which should be recognized through extensive documentation and
(iii) the alien should continue the work in the same field and
(iv) would substantially benefit the U.S. prospectively
Hope you got it.
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BECsufferer
08-19 02:49 PM
ok, you guys win. He is indeed from India. So what?
Dude
You took this whole issue personal. I was merely fore-warning about what had happened. Since we all ( GC expectants) are going thru horrible agony, devil tricks you to circumvent the system, especially people like Dr. Ramesh.
On seperate note, citizenship can be revoked. Their are creterions for revocation, but this indian-origin doctor is not going to be stripped off his citizenship. I will certainly hope this happens to him, but I know it won't.
Peace.
Dude
You took this whole issue personal. I was merely fore-warning about what had happened. Since we all ( GC expectants) are going thru horrible agony, devil tricks you to circumvent the system, especially people like Dr. Ramesh.
On seperate note, citizenship can be revoked. Their are creterions for revocation, but this indian-origin doctor is not going to be stripped off his citizenship. I will certainly hope this happens to him, but I know it won't.
Peace.
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saji007
05-02 02:50 PM
1. New employer while filing for H1 Transfer will get 3 year
2. You can start PERM when ever you like. Better to start early, just in case if Priority date becomes current, you can apply for 485
2. You can start PERM when ever you like. Better to start early, just in case if Priority date becomes current, you can apply for 485
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talash
10-16 09:09 PM
http://www.uscis.gov/files/form/I-290Binstr.pdf
Read where to file .It clearly says 30 to 33 dys
Read where to file .It clearly says 30 to 33 dys
amsgc
09-14 11:00 AM
Here is a EB2-I poll for 2005 taken last month or so
http://immigrationvoice.org/forum/showthread.php?t=20725
http://immigrationvoice.org/forum/showthread.php?t=20725
ashrock11
01-08 09:06 PM
Hi,
Just wanted to know how should one modify the immigration petition again after divorce and second marriage. Can the second wife name be added to 485 immediately or wait for the PD to become current? And how about EAD?
Thanks
Just wanted to know how should one modify the immigration petition again after divorce and second marriage. Can the second wife name be added to 485 immediately or wait for the PD to become current? And how about EAD?
Thanks
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