maresco10
04-17 12:06 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
hiralal
05-10 09:29 PM
since I have lot of reds ..I will post less frequently ...but my view is that we need several campaigns and mass participation !!
so in addition to lobbying efforts ..we probably need letter or flower campaign ..for letter, we need to send it to media or congress too ..
I had another less expensive and local idea ..but it need mass participation ...it is as simple as meeting your local realtors ..show interest in buying a house, show deep interest (even if you are a home owner) and then back out at the last moment ..saying that you were expecting GC this summer but it has been delayed due to visa wastage ..and hence you are backing out
who knows the NAR and Yun may start talking about faster GC's !!!
(remember simplicity works ..thats how Newton discovered the laws of physics !!)
so in addition to lobbying efforts ..we probably need letter or flower campaign ..for letter, we need to send it to media or congress too ..
I had another less expensive and local idea ..but it need mass participation ...it is as simple as meeting your local realtors ..show interest in buying a house, show deep interest (even if you are a home owner) and then back out at the last moment ..saying that you were expecting GC this summer but it has been delayed due to visa wastage ..and hence you are backing out
who knows the NAR and Yun may start talking about faster GC's !!!
(remember simplicity works ..thats how Newton discovered the laws of physics !!)
DareYouFireMe
03-09 03:03 PM
My friend has 2 I-140s one EB3 (PD Dec 2002) and second one EB2 (PD Nov 2006) - what is the best option for him.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
jsb
12-16 09:10 AM
Any of got approved based on this memo ?
I talked to my lawyers. They said that the first time it didn't work. As this memo is recent, they still have to see its usefulness. Perhaps, the problem is that even if A# are provided to USCIS offices, they can't find where those (physical) files are. Nothing can be done unless files are seen by adjudicators.
Note that cases (family and employment) other than for identified 3 or 4 countries, PD is not an issue. So for USCIS it is not as big of a problem as it is for us.
I talked to my lawyers. They said that the first time it didn't work. As this memo is recent, they still have to see its usefulness. Perhaps, the problem is that even if A# are provided to USCIS offices, they can't find where those (physical) files are. Nothing can be done unless files are seen by adjudicators.
Note that cases (family and employment) other than for identified 3 or 4 countries, PD is not an issue. So for USCIS it is not as big of a problem as it is for us.
more...
eagerr2i
09-17 03:03 PM
IV is not against H1B as such. Majority of IV members are presently on H1B program.
IV does not support the increase of H1B visa quota before the EB immigrant visa mess is cleared. Also, IV has comdemned every single abuse of of H1B by small consulting firms or the 'fly by night operators' who abuse the system by not paying the prevailing wages to employees or not paying them at all while the consultant is on bench.
One of the IV core members pointed out in a recent interview that in a recently released Government Accountability Office report on H-1Bs noting that in just 2005, there were 306,927 H-1B labor condition applications approved.
I am quoting him verbatim as per the report- "Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications — forget about five years worth of applications," .
IV does not support the increase of H1B visa quota before the EB immigrant visa mess is cleared. Also, IV has comdemned every single abuse of of H1B by small consulting firms or the 'fly by night operators' who abuse the system by not paying the prevailing wages to employees or not paying them at all while the consultant is on bench.
One of the IV core members pointed out in a recent interview that in a recently released Government Accountability Office report on H-1Bs noting that in just 2005, there were 306,927 H-1B labor condition applications approved.
I am quoting him verbatim as per the report- "Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications — forget about five years worth of applications," .
ckarri
07-27 01:46 PM
I have a friend who filed is 485 on July 24th and he couldn't file for his spouse who was in india at that time.She is coming back on July 30 and planning to file for her I-485.My friend did not receive any receipt and what does he need to do in order to file for her i-485?
-Thanks
contributed $250 so far.
-Thanks
contributed $250 so far.
more...
alterego
02-12 01:13 PM
All the money you are sending to India, the Indian Gov't/Bank turns around and keeps right here in the good old USA. India now has over 300 billion of such green backs. Every country is doing the same. This is the reason that allows the US to remain financially robust. If this system does not maintain, and after the current shocks it is very much threatened in my view, then all will be gone, the almighty dollar we work for just might not be worth all the bother.
perm2gc
12-03 04:30 PM
hello all,
i attended for visa stamping on dec 1st at Hyderabad consulate so i got 221g yellow form but he retained passport with him. he told to submit all the documents that are mentioned on the yellow form. did any body got same thing. usually how many days they will take for processing after submiting the documents
Thanks,
Praveen
It will take 2 weeks once you submit all the documents.
i attended for visa stamping on dec 1st at Hyderabad consulate so i got 221g yellow form but he retained passport with him. he told to submit all the documents that are mentioned on the yellow form. did any body got same thing. usually how many days they will take for processing after submiting the documents
Thanks,
Praveen
It will take 2 weeks once you submit all the documents.
more...
sobers
06-29 01:42 PM
Obviously using approved labor (or substitute labor) is a shady practice and many desi consulting companies are employing this scam. If they don't share this info with you, you can either:
1) Continue working with this company in the hope they are doing everything by the book and this will all work out
OR
2) Go work for a bonfide employer
1) Continue working with this company in the hope they are doing everything by the book and this will all work out
OR
2) Go work for a bonfide employer
milind70
08-04 01:42 PM
Hi,
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
For 140 G 28 needs to signed by employer and lawyer.
For 485 related g 28 neeeds to signed by applicants and lawyer.
My lawyer asked for 4 copies of G 28
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
For 140 G 28 needs to signed by employer and lawyer.
For 485 related g 28 neeeds to signed by applicants and lawyer.
My lawyer asked for 4 copies of G 28
more...
ArkBird
06-08 01:53 AM
u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again
Could not agree more with you on that... Devil is gone. Now the Deep Sea!!!
Love my(our) life.....
Could not agree more with you on that... Devil is gone. Now the Deep Sea!!!
Love my(our) life.....
rajs
12-11 06:05 PM
no
more...
dcrtrv27
11-13 07:59 PM
I got the follwing form web site...Has anyone heard of trying this path?
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(
USCIS Expedite Criteria
USCIS Expedite Criteria
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(
USCIS Expedite Criteria
USCIS Expedite Criteria
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
gc_eb2_waiter
03-28 03:25 PM
This is really a great effort to bring all immigration related information under one roof.
I have one suggestion. Is it possible to increase number of rows to 200( choice to users with 25/50/100/200 showings per page) and show more than 5 pages of data. I believe at least 10 pages is a good start.
I have one suggestion. Is it possible to increase number of rows to 200( choice to users with 25/50/100/200 showings per page) and show more than 5 pages of data. I believe at least 10 pages is a good start.
more...
Munna Bhai
11-09 09:21 AM
I am collecting all the documents and I will do premium processing but would like to get clarification regarding the rule.
I heard that " Labour should be filed 365 days before, whether approved or not" and that will automatically allow you to have 1 year extension.
Is this correct?
-M
I heard that " Labour should be filed 365 days before, whether approved or not" and that will automatically allow you to have 1 year extension.
Is this correct?
-M
texcan
12-19 04:32 PM
My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?
Thanks,
LG.
Come on...you entered using h4, this is the last status INS has for you.
People with mulitple visas have to choose a status when they enter back in USA.
where have you been sleeping.
its ok, no biggie....
One solution i will do in this case is, if you have a h1 visa stampled...then go out of country and come back on h1 status. Make sure you claim the days you were on h4 to be not counted against h1 days.
If you donot have a h1 visa already, then talk to lawyer get all paper work and go to canada/mexico get a visa and come back on right status.
Thanks,
LG.
Come on...you entered using h4, this is the last status INS has for you.
People with mulitple visas have to choose a status when they enter back in USA.
where have you been sleeping.
its ok, no biggie....
One solution i will do in this case is, if you have a h1 visa stampled...then go out of country and come back on h1 status. Make sure you claim the days you were on h4 to be not counted against h1 days.
If you donot have a h1 visa already, then talk to lawyer get all paper work and go to canada/mexico get a visa and come back on right status.
more...
belmontboy
09-15 02:53 PM
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Sharab & Kabab.
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Sharab & Kabab.
rajeshbillabong
09-24 11:55 AM
All they said was that you do not have enough ties in India and you will work there.
It sounds very lame to me.
It sounds very lame to me.
saro28
08-31 08:25 PM
I received FP notice today towards I485, not sure what for :confused:
monkeyman
01-29 05:50 PM
Class of Admission: How ever you last entered the country (AP, H1-B, H4 etc)
Date of intended Departure: As soon as possible
Expected length of stay: Less than 5 months
That is what I had filled out.
The date of intended departure allows them to process based on dates. If you know your dates, then put in those dates and attach the trip itinerary as your evidence.
You must make copy of your documents (passport pages in color) and attach the relevant I-797s associated with H1-B, H4, extensions etc. All the paperwork must somehow prove that you were never out of status. If it doesn't, you will get an RFE.
As far as your wife's status is concerned, does she have an H1 stamping on her passport? If she does, then she has traveled out of the country and entered back on H1, so you indicate H1. If she has never been out of country after H1, then the answer is H-4. Just double check all your application entries and paper work and make copies, including the check. If you get an RFE, that is your only proof.
Date of intended Departure: As soon as possible
Expected length of stay: Less than 5 months
That is what I had filled out.
The date of intended departure allows them to process based on dates. If you know your dates, then put in those dates and attach the trip itinerary as your evidence.
You must make copy of your documents (passport pages in color) and attach the relevant I-797s associated with H1-B, H4, extensions etc. All the paperwork must somehow prove that you were never out of status. If it doesn't, you will get an RFE.
As far as your wife's status is concerned, does she have an H1 stamping on her passport? If she does, then she has traveled out of the country and entered back on H1, so you indicate H1. If she has never been out of country after H1, then the answer is H-4. Just double check all your application entries and paper work and make copies, including the check. If you get an RFE, that is your only proof.
meridiani.planum
07-23 05:41 AM
All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.
