jkays94
04-01 10:29 AM
IT in canada is in a bad shape.....very difficult to maintain a good job.....people get citizenship after 3 years...and they move to usa on TN visa...
I agree, IT might be in a bad shape in Canada, and indeed, coming back on a TN visa is indeed shorter than waiting for 6/7 years for a GC, not to mention that one gains self driven job mobility.
I agree, IT might be in a bad shape in Canada, and indeed, coming back on a TN visa is indeed shorter than waiting for 6/7 years for a GC, not to mention that one gains self driven job mobility.
itsmesabby
06-28 09:39 PM
Thank you so much Elaine for your quick response..
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
usirit
07-19 09:22 AM
I live in Noblesville. Please let me know of meetings related to IV in Indianapolis or surroundings.
veni001
06-22 02:46 PM
With same employer could definitely trigger audits from both DOL and USCIS!!
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
more...
nk2006
11-12 11:36 AM
This is simply called pure selfishness.
The way nk2006 misused IV resources for such a simple personal issue is unpardonable .
Knowing that there are such people among 'highly educated' is disheartening.
First of all its not 56K threads - created around 15. Idea is to create more awareness - someone suggested to propagate in state chapters. In most of state chapters - threads are not active - so posted in about 15 state chapters to get attention of any members who only follow state chapters.
Second of all I am not affected. I am volunteering. I also volunteered and donated earlier for other efforts. I honestly thought that AC21 together with EAD is only good thing that happened to us in the last couple years and thought this campaign would maintain that status.
The way nk2006 misused IV resources for such a simple personal issue is unpardonable .
Knowing that there are such people among 'highly educated' is disheartening.
First of all its not 56K threads - created around 15. Idea is to create more awareness - someone suggested to propagate in state chapters. In most of state chapters - threads are not active - so posted in about 15 state chapters to get attention of any members who only follow state chapters.
Second of all I am not affected. I am volunteering. I also volunteered and donated earlier for other efforts. I honestly thought that AC21 together with EAD is only good thing that happened to us in the last couple years and thought this campaign would maintain that status.
va_dude
02-17 04:31 PM
Hi.
Most of us who filed during jul/aug 2007 got our FPs done later that year.
Aren't those FPs valid for only 15 months or so?
So have folks started receiving their second FP notice yet?
Thanks.
va_dude
Most of us who filed during jul/aug 2007 got our FPs done later that year.
Aren't those FPs valid for only 15 months or so?
So have folks started receiving their second FP notice yet?
Thanks.
va_dude
more...
gcquest
07-17 06:09 PM
Way to go IV, A million thanks for the news U R the best
dreamworld
06-02 09:04 PM
The video clip has been posted on the website and the link is
www.ktvu.com/video/9315563/index.html?taf=fran
Great job IV and Pratik !!!
Well said!!!
www.ktvu.com/video/9315563/index.html?taf=fran
Great job IV and Pratik !!!
Well said!!!
more...
omiboy
09-24 11:09 AM
Thanks once again for the reply.
When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?
Thanks
Omi.
When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?
Thanks
Omi.
pyrosleepy
11-08 12:46 PM
Can anybody tell me how long it takes for the USCIS to cash the check and send out a receipt notice for H1-B extensions? My 6 year H1-B is expiring today, as per Fedex the USCIS had received my extension a week ago (extension based on Approved I-140) package but I called the USCIS and they have no record of receiving such application. I am worried that I might be out of status if they receive it late or the package gets misplaced.
Thanks very much for your insights on this.
Thanks very much for your insights on this.
more...
jonty_11
02-06 11:00 AM
I am talking to my lawyer about that. They are pondering over it. I will let u guys know what they come up with.
whiteStallion
06-18 06:28 PM
No one ever has gone to court over a Noncompete agreement issue. No one will.
Most things in Business run on 'the word', and a non-compete is one of them.
...
Completely wrong ! In IT, there have been lot of lawsuits over non-compete agreements... the last and famous one being between Microsoft and Google over a high level Microsoft employee leaving them and joining Google...
I personally know a few people who have paid back in excess of 20k to their ex-employer, because they chose to ignore the non-compete agreement which they signed earlier and joined the end-client directly and got sued...
Pady, in your case the major issue can come from your employer as he is losing out on this deal... He can sue you due to loss of revenue, if you had signed any employment agreement with him, which has a non-compete clause i.e. prohibiting you to work for any competing vendor or client... Review your employment agreement, if you have one.
Most things in Business run on 'the word', and a non-compete is one of them.
...
Completely wrong ! In IT, there have been lot of lawsuits over non-compete agreements... the last and famous one being between Microsoft and Google over a high level Microsoft employee leaving them and joining Google...
I personally know a few people who have paid back in excess of 20k to their ex-employer, because they chose to ignore the non-compete agreement which they signed earlier and joined the end-client directly and got sued...
Pady, in your case the major issue can come from your employer as he is losing out on this deal... He can sue you due to loss of revenue, if you had signed any employment agreement with him, which has a non-compete clause i.e. prohibiting you to work for any competing vendor or client... Review your employment agreement, if you have one.
more...
sparky_jones
05-20 01:26 PM
"We are beneficiaries of an EB3 petition"
Isn't that the biggest issue with several of us! :)
Isn't that the biggest issue with several of us! :)
eldrick
07-31 05:19 PM
They also didn't ask me to sign form G28. Is this ok? Does this mean that receipt number will be mailed to me directly?
more...
ashoka
09-26 02:27 PM
Texcan,
Thank you.
Thank you.
kshitijnt
01-23 04:32 PM
I had written senator Feinstein about retrogression sometime last year. A response came 2 weeks later:
"As of today federal healthcare is available to undocumented immigrants only in cases of emergencies. Undocumented immigranst are a drain on federal resources. Blah blah blah........." Bull ****
True Feinstein seems to be least sensitive to immigrant woes. Her husband is a rich investment banker so I guess she is more business friendly rather than grassroots friendly.
Senator Boxer had replied
" I believe every citizen should have a say in the country. I value your opinion and can assure you that it will be taken into consideration during my work in the senate on this topic"
Much more polished. However it seems these are stereotype responses and I think senators do not read these emails. This is a sophisticated way of saying "Dont lecture me.... Mind your own business" This is how in America...
That's certainly a lot better than the "spam" i got from Senator Feinstein.
I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.
Hardly a huge surprise, but I'm writing back
"As of today federal healthcare is available to undocumented immigrants only in cases of emergencies. Undocumented immigranst are a drain on federal resources. Blah blah blah........." Bull ****
True Feinstein seems to be least sensitive to immigrant woes. Her husband is a rich investment banker so I guess she is more business friendly rather than grassroots friendly.
Senator Boxer had replied
" I believe every citizen should have a say in the country. I value your opinion and can assure you that it will be taken into consideration during my work in the senate on this topic"
Much more polished. However it seems these are stereotype responses and I think senators do not read these emails. This is a sophisticated way of saying "Dont lecture me.... Mind your own business" This is how in America...
That's certainly a lot better than the "spam" i got from Senator Feinstein.
I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.
Hardly a huge surprise, but I'm writing back
more...
glus
05-06 12:50 PM
Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.
1) What is the meaning of "There should not be very huge variance in income levels."
Does it mean while moving from one job to another (1 time)?
2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
10% hike every year. Is that a problem?
Generally speaking: There is NOTHING in the INA nor AC-21 that prohibits one from getting salary increases. As long as you do at your work what is consistent with the approved form I-140, you salary can go up, and in normal circumstances, should go up periodically. I think what the previous member mentioned was that if, for instance, your wage specified on labor and I-140 was going to be 50k/year, u changed employers and is 150k/year, that can raise a question whether or not u do the same thing as u did before, and if your job duties still match with your approved form I-140. Having said that, regular salary changes are not a problem as long as you earn more than the prevailing wage determination. I hope this answers your both questions.
Best Regards,
1) What is the meaning of "There should not be very huge variance in income levels."
Does it mean while moving from one job to another (1 time)?
2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
10% hike every year. Is that a problem?
Generally speaking: There is NOTHING in the INA nor AC-21 that prohibits one from getting salary increases. As long as you do at your work what is consistent with the approved form I-140, you salary can go up, and in normal circumstances, should go up periodically. I think what the previous member mentioned was that if, for instance, your wage specified on labor and I-140 was going to be 50k/year, u changed employers and is 150k/year, that can raise a question whether or not u do the same thing as u did before, and if your job duties still match with your approved form I-140. Having said that, regular salary changes are not a problem as long as you earn more than the prevailing wage determination. I hope this answers your both questions.
Best Regards,
GCBy3000
11-29 11:37 AM
Always play safe. Not all the immigration lawyers have the same answers. You might be right on several occasions, but the company will always go with the advice from the company lawyers. I have faced several idiotic decisions from my company lawyers which screwed me up big time in my GC process. But I have always played safe because I need the support from my company. When you take an offer from the new employer you do not know how good/bad are those company attorneys are. So play safe as it will cost you heavily.
NOTE: Having waited for several years with patience, develop the patience to wait for 6-8 months after 485 filing to be on safer side. Also invoking AC21 exactly after 6months does not create a good impression on you from your current employer as well as from the potential future employer. Always have a valid reason for invoking AC21 and do not invoke just because you can invoke. My 2 cents.
How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
Thanks
NOTE: Having waited for several years with patience, develop the patience to wait for 6-8 months after 485 filing to be on safer side. Also invoking AC21 exactly after 6months does not create a good impression on you from your current employer as well as from the potential future employer. Always have a valid reason for invoking AC21 and do not invoke just because you can invoke. My 2 cents.
How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
Thanks
nomad
08-23 11:33 PM
I did a concurrent submission of I140 and I485 on July 2nd. As and when the 140 PP comes back, can I get PP done even though I have already sent my application?
Yes. You can change your application from regular to PPS at any time provided USCIS is accepting PPS for that category ( such as for I-140).
Yes. You can change your application from regular to PPS at any time provided USCIS is accepting PPS for that category ( such as for I-140).
Bhadwaj
07-15 05:26 PM
Hello,
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
ndny
08-06 03:01 PM
Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
