Suva
05-07 08:44 PM
Did anybody went for interview from your company within last 3 years?
It might be that you are the first person from this company appearing for interview and they don't have sufficient employer information.
Also when was your company got acquired?
It might be that you are the first person from this company appearing for interview and they don't have sufficient employer information.
Also when was your company got acquired?
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Ramba
11-19 08:31 PM
Ramba,
What if I am working as a contractor with a govt agency. The agency offers me a job but salary would be 10K less than my current salary, but with better benefits. However still new salary is more than what is required to pay for similar job at that place i.e. if a company is filling for a new H1B. (the prevailing wage at new location for that job classification at that position/level)
Now in this case, if the salary is 10K less than what is specified in my I-140, will I hear any music from CIS? This is not hypothetical, but real dilemma I am facing.
If both job (old and new) in same area, and new salary is "considerably" less than old salary, then it may be an issue. But it may be overcome, provided if you know the prevailing wage determination (not salary) of old job. Lets say if the PW for a level-3 engineer for your old job 50K at a particular county, and I-140 salary in your old job is 70K, and if you port to new job with new salary as 60K in same county, then it should not be an issue. Again, if USCIS does not buy this, you need to dispute. It needs extensive lawyering with DOL wage survey as a proof.
What if I am working as a contractor with a govt agency. The agency offers me a job but salary would be 10K less than my current salary, but with better benefits. However still new salary is more than what is required to pay for similar job at that place i.e. if a company is filling for a new H1B. (the prevailing wage at new location for that job classification at that position/level)
Now in this case, if the salary is 10K less than what is specified in my I-140, will I hear any music from CIS? This is not hypothetical, but real dilemma I am facing.
If both job (old and new) in same area, and new salary is "considerably" less than old salary, then it may be an issue. But it may be overcome, provided if you know the prevailing wage determination (not salary) of old job. Lets say if the PW for a level-3 engineer for your old job 50K at a particular county, and I-140 salary in your old job is 70K, and if you port to new job with new salary as 60K in same county, then it should not be an issue. Again, if USCIS does not buy this, you need to dispute. It needs extensive lawyering with DOL wage survey as a proof.
emmie
12-09 02:28 PM
Thank you very much for the response. I actually want to put 5 years minimum experience though my lawyer said that it is too much. He would recommend either 2 year or 0 year work experience for this position with M.S. degree. Accordingly, we come down to 2 years with M.S. degree. After receiving the audit letter, my lawyer said I should have put 0 year instead of 2 years. I was also told by my lawyer to give him the answer about the following questions:
1. Why does the company require 2 years of work experience?
2. Why does the company require M.S. degree for this position?
3. Why does all skills and programs require for this position?
4. How long it take to obtain those skills and programs?
I�m very confused and have no idea what to answer why the company require M.S. degree since it is the requirement. Have anybody also have the format of the audit letter?
Also, if I have to be outside of the country by taking vacation due to this H1B issue that is going to reach the 6th year, do I have to be employed full time with the company and get pay as well? Thank you very much.
1. Why does the company require 2 years of work experience?
2. Why does the company require M.S. degree for this position?
3. Why does all skills and programs require for this position?
4. How long it take to obtain those skills and programs?
I�m very confused and have no idea what to answer why the company require M.S. degree since it is the requirement. Have anybody also have the format of the audit letter?
Also, if I have to be outside of the country by taking vacation due to this H1B issue that is going to reach the 6th year, do I have to be employed full time with the company and get pay as well? Thank you very much.
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willwin
08-13 11:46 PM
If IV core can help us to set these meetings up and also provide suggestions/ideas, I think with 50 participants, we can convey what we want to. If EB2 folks are also joining us, we can seek support from compete America and have representation from them as well.
We should keep this very low profile - meaning:
1. No high demands - shouldn't ask to make EB3 I current in October
2. Shouldn't compare or discuss EB2 I and C
3. Shouldn't complain their (USCIS/DOS) work style or inefficiency.
4. Don't compare us with illegals.
What we should be discussing:
1. Reference to EB3 I 2001 and 2002 cases and possibilities with new VISA flow structure
2. Difficulties in using AC21/EAD to switch jobs
3. Very importantly - how they view EB3 I dates not moving forward in the last few years (besides last july) and what their plans are to address it (besides passing a legislation)
4. To give us some direction in planning for the GC wait - by providing us how many cases are pending with break-down year wise - will indicate that people can make their own decision either to continue GC process or give up and go elsewhere (we will not demand GC but seek information to enable ourselves to make a wiser decision)
5. Their game plan if a legislation does not pass, say, for the next 2 years. Can they make some changes at administration level to help us? Like relax EAD restrictions?
These are not high demands but fair enough questions from aspiring immigrants who are in the queue as long as 8 years!!
We will send letters to President, Immigration sub-committee, DOS and USCIS chief, CHC members either before or immediately after the meeting.
The intention is not to come back with GC for every EB3 I but atleast make a representation and seek some quality information from them. Also, give them the feeling that we may not wait forever.
If these ideas are stupid, my apologies.
I strongly believe nothing like meeting with people in person.
And, if we are doing this, we should do this as early as 1st week of September.
Thoughts?
We should keep this very low profile - meaning:
1. No high demands - shouldn't ask to make EB3 I current in October
2. Shouldn't compare or discuss EB2 I and C
3. Shouldn't complain their (USCIS/DOS) work style or inefficiency.
4. Don't compare us with illegals.
What we should be discussing:
1. Reference to EB3 I 2001 and 2002 cases and possibilities with new VISA flow structure
2. Difficulties in using AC21/EAD to switch jobs
3. Very importantly - how they view EB3 I dates not moving forward in the last few years (besides last july) and what their plans are to address it (besides passing a legislation)
4. To give us some direction in planning for the GC wait - by providing us how many cases are pending with break-down year wise - will indicate that people can make their own decision either to continue GC process or give up and go elsewhere (we will not demand GC but seek information to enable ourselves to make a wiser decision)
5. Their game plan if a legislation does not pass, say, for the next 2 years. Can they make some changes at administration level to help us? Like relax EAD restrictions?
These are not high demands but fair enough questions from aspiring immigrants who are in the queue as long as 8 years!!
We will send letters to President, Immigration sub-committee, DOS and USCIS chief, CHC members either before or immediately after the meeting.
The intention is not to come back with GC for every EB3 I but atleast make a representation and seek some quality information from them. Also, give them the feeling that we may not wait forever.
If these ideas are stupid, my apologies.
I strongly believe nothing like meeting with people in person.
And, if we are doing this, we should do this as early as 1st week of September.
Thoughts?
more...
manderson
12-03 03:44 PM
better ask a lawyer if its okay to take 2nd job on EAD but file for AC21 after Feb 08.
good luck
Gurus,
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be on officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
good luck
Gurus,
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be on officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
panky72
05-22 04:54 PM
per my lawyer you can come back from EAD to H1 by filing a new H1 petition (if its past 6 years on H1, then you need some basis like approved I-140 or old LC). You will need to leave the US and return to activate the H1. So thats always an option if you jump to EAD.
In your case, you can still file a H1 transfer, if it comes without an I-94 attached (meaning H1 got transferred, but status was not activated which typically happens when last H1 status ended more than a couple of weeks ago like in your case) all you need to do is leave the US and return some PoE where you will get hte new I-94
When I talked to my lawyer few months ago he said the same thing.
In your case, you can still file a H1 transfer, if it comes without an I-94 attached (meaning H1 got transferred, but status was not activated which typically happens when last H1 status ended more than a couple of weeks ago like in your case) all you need to do is leave the US and return some PoE where you will get hte new I-94
When I talked to my lawyer few months ago he said the same thing.
more...
quiquincho
08-29 10:49 AM
I think the original question could be rephrased as follows:
Will I get an FP notice if my PD is not current?
Would someone answer this question, please?
Will I get an FP notice if my PD is not current?
Would someone answer this question, please?
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desi3933
03-02 04:08 PM
Thanks. One question, I may not have asked it properly:
What I had (mis-) understood till date was: there were 2 ways for employment based GC: 1) if I was outside US all along, and the employer applied my employment based GC for future employment, and 2) if I was working in US for the employer and he applied for my EB2 GC based on the job that I was offered and was working on.
Both are for future employment.
1) means immigrant visa at consulate abroad (consular processing)
2) choice of immigrant visa at consulate abroad OR I-485 application to adjust status
It is possible to switch from I-485 to immigrant visa abroad by filing I-824 with NVC.
_______________________
Not a legal advice.
US citizen of Indian origin
What I had (mis-) understood till date was: there were 2 ways for employment based GC: 1) if I was outside US all along, and the employer applied my employment based GC for future employment, and 2) if I was working in US for the employer and he applied for my EB2 GC based on the job that I was offered and was working on.
Both are for future employment.
1) means immigrant visa at consulate abroad (consular processing)
2) choice of immigrant visa at consulate abroad OR I-485 application to adjust status
It is possible to switch from I-485 to immigrant visa abroad by filing I-824 with NVC.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
krishna.ahd
02-09 08:37 AM
UN,
I have strong belief on your postings. Don’t know about Berkleybee…
I am from India EB3. I strongly believe that we can change this system, after all it is human made, outdated and obviously not suitable for current scenario.
So realistically what we can do about this, if so what would be the approach.
I am relatively new to the forum and what have posted and debated by UN (Iimmigration poratl also), make sense and i believe we should not be watching visa bulletin so eagarly , contrary we should be watching what is happening the reform front.
I have strong belief on your postings. Don’t know about Berkleybee…
I am from India EB3. I strongly believe that we can change this system, after all it is human made, outdated and obviously not suitable for current scenario.
So realistically what we can do about this, if so what would be the approach.
I am relatively new to the forum and what have posted and debated by UN (Iimmigration poratl also), make sense and i believe we should not be watching visa bulletin so eagarly , contrary we should be watching what is happening the reform front.
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rockstart
04-21 11:16 AM
I would support this bill since it makes a lot of sense. I am not going to benefit from this since I have masters and not PhD but people who have sacrificed the lure of big money to live on campus with 2-3 roomies for almost 5 years in which time their friends who graduated are driving lexus and staying in 5 Br homes need some consolation prize. This is a great move for these students as well as the country.
more...
amitps
07-14 01:37 PM
Me and my self live in Chicago. Adding ourselves...
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paulcao1978
01-26 02:04 PM
It's almost the end of Jan now. Do we have a fax compaign or sth similar?
more...
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cygent
08-07 09:34 PM
I think what is being conveyed is NOT that he is superior .... but that he has been in the US atleast 2 yrs more than when he actually started the journey towards GC by formally putting in an application
Thanks for understanding Hinglish. :o
Thanks for understanding Hinglish. :o
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kittu1991
06-13 02:18 PM
If one changes from EB3 to EB2, then priority date is lost!
Please don't answer for the purpose of answering. You can port your PD if start a new labour, which is many are going to do since the 140 PP is back.
Please don't answer for the purpose of answering. You can port your PD if start a new labour, which is many are going to do since the 140 PP is back.
more...
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gc_chahiye
12-25 10:03 PM
What's "MTR"
I thought After 180 days of I-485 ,they can not withdraw the I-140 ?
search the forums.. the I-140 can be withdrawn anytime. USCIS is supposed to ignore the denial if its been >180 days of your I-485 filing.
If USCIS does not ignore, then they go ahead and deny the I-485 anyway and that then requries you file a Motion to Reopen (MTR) your case. USCIS makes a mistake, you need to go through hell: while your MTR is being processed (8 months in this case) if you are not on H1 (ie. you used your EAD) then you are out of status and need to stop working immediately. While USCIS works on your MTR you are potentially accruing illegal presence. If it exceeds 180 days, then you better hope your MTR succeeds, otherwise you are now setup for a 3 year re-entry bar into the US. If MTR succeeds, then you are retroactively in status. If it fails, then your out-of-status time begins from the day of your first denial (filing MTR does not give you status).
I thought After 180 days of I-485 ,they can not withdraw the I-140 ?
search the forums.. the I-140 can be withdrawn anytime. USCIS is supposed to ignore the denial if its been >180 days of your I-485 filing.
If USCIS does not ignore, then they go ahead and deny the I-485 anyway and that then requries you file a Motion to Reopen (MTR) your case. USCIS makes a mistake, you need to go through hell: while your MTR is being processed (8 months in this case) if you are not on H1 (ie. you used your EAD) then you are out of status and need to stop working immediately. While USCIS works on your MTR you are potentially accruing illegal presence. If it exceeds 180 days, then you better hope your MTR succeeds, otherwise you are now setup for a 3 year re-entry bar into the US. If MTR succeeds, then you are retroactively in status. If it fails, then your out-of-status time begins from the day of your first denial (filing MTR does not give you status).
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Michael chertoff
10-04 10:40 AM
Recieved EAD card and approved AP documents last month, still waiting for approval notices for both... is it normal or a problem.
more...
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dentist1
05-12 03:02 PM
Good review of previous performance.
What could be different this year compared to previous years are
1) DOS seems to make sure no visas are wasted and so may not want to wait for the last 2 months of the fiscal year.
2) More cases are pre-adjudicated which makes it easier for them to initiate the fall-across/fall-down in July than wait for August.
3) DOS has been good at not retrogressing the the visa dates further back in the last few months. They either stay where they are or move forward. But not back. This indicates that they are paying more attention and not randomly opening up visas. This means they want to issue visas by priority dates which would need proper planning (to make sure nothing gets wasted)
All these above factors may influence them to open up in July than August. Again, these are my gut feel.
Thanks for the information Vin, my question to you is where do you see the dates for EB2 India in July 2010?
Thanks again.
What could be different this year compared to previous years are
1) DOS seems to make sure no visas are wasted and so may not want to wait for the last 2 months of the fiscal year.
2) More cases are pre-adjudicated which makes it easier for them to initiate the fall-across/fall-down in July than wait for August.
3) DOS has been good at not retrogressing the the visa dates further back in the last few months. They either stay where they are or move forward. But not back. This indicates that they are paying more attention and not randomly opening up visas. This means they want to issue visas by priority dates which would need proper planning (to make sure nothing gets wasted)
All these above factors may influence them to open up in July than August. Again, these are my gut feel.
Thanks for the information Vin, my question to you is where do you see the dates for EB2 India in July 2010?
Thanks again.
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rc0878
09-20 09:07 AM
Please check my signature!!!!
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immigrant2007
06-08 02:36 PM
is it nsc or tsc?
tsc
tsc
gc_maine2
05-24 01:06 PM
Sent the Webfax. Thanks to the IV team.
lazycis
04-25 09:16 PM
ask lawyer to file MTR and resend response to RFE along with it. You should get a quick response (within 4-6 weeks). If MTR is denied, ask to file appeal, but sometimes it's better to change employer and start from scratch. Appeal can be a long process.