rbashir
09-01 09:18 AM
I am sorry for posting it multiple times, but I do really need some guidance, and some information I am hoping somebody may help me in my RFE.
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prabhu07
05-21 12:42 AM
(a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
a_yaja
06-26 02:08 PM
First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.
Agreed. As per my understanding, "consulting" as per the bill's definition is:
1. You are working at another employer's location (or client location)
AND
2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)
So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.
This is my understanding of the bill. There are a lot of people who disagree with my interpretation.
Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.
Agreed. As per my understanding, "consulting" as per the bill's definition is:
1. You are working at another employer's location (or client location)
AND
2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)
So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.
This is my understanding of the bill. There are a lot of people who disagree with my interpretation.
Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.
2011 Arnold Schwarzenegger
ivgclive
06-05 08:39 AM
I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
"pay for a large termination fee if I were to request termination of contract for " - Is that legal. I thought anytime you can change your lawer, she is just a rep for you.
Anyway, it seems you are in a very frustrating situation, why don't you take one more shot to explain her that you are upset on delayed response, very politely. Eventhough the appointment time costs some money, you have a chance to tell her what you feel.
If she is the only one at the office, it is understood why she bothers new clients over old clients.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
"pay for a large termination fee if I were to request termination of contract for " - Is that legal. I thought anytime you can change your lawer, she is just a rep for you.
Anyway, it seems you are in a very frustrating situation, why don't you take one more shot to explain her that you are upset on delayed response, very politely. Eventhough the appointment time costs some money, you have a chance to tell her what you feel.
If she is the only one at the office, it is understood why she bothers new clients over old clients.
more...
smartboy75
11-01 04:51 PM
Wait for 90 days to pass by...then give a call to USCIS ....and enquire about her status...
Go ahead with your FP appointment....Eventually your daughters Receipt notice and FP will follow...
Hope this helps...
Go ahead with your FP appointment....Eventually your daughters Receipt notice and FP will follow...
Hope this helps...
sunny1000
12-18 09:58 PM
They should also enforce it so that we don't get cheated by the employers.:p
Govt. has stipulated some wage while doing LCA. I think these activists should go after the govt. to raise that wage if they feel if it is low.
Govt. has stipulated some wage while doing LCA. I think these activists should go after the govt. to raise that wage if they feel if it is low.
more...
FrankZulu
08-20 09:45 AM
Status is still initial review on 485 and when checked with infopass I was told that my case in in extended review.
And yes, my case is current from last 10 months.
Are you working for the same company who filed your I-140?
And yes, my case is current from last 10 months.
Are you working for the same company who filed your I-140?
2010 In his later years, Arnold
saloni
07-18 02:28 PM
I am currently on H1b visa and have filed I-485 as primary. My spouse is also on H1B and is derivative. We both have EAD's but are still maintaining H1B status.
My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
He has asked me to change my status to H4 and work on EAD.
Can I work on EAD without filing H1B-H4.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
Will this affect anyhow on my chances of approval of my AOS?
Appreciate your response.
My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
He has asked me to change my status to H4 and work on EAD.
Can I work on EAD without filing H1B-H4.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
Will this affect anyhow on my chances of approval of my AOS?
Appreciate your response.
more...
dixie
10-01 01:16 PM
It is not as simple as that. PERM started only last year - march 2005 to be precise. Now imagine someone from India who has a pending LC app using the old system in EB3 in December 2004 - his application would most likely still be languishing in PBEC or DBEC. Optimisitically, assume he gets his labor approved in September 2007 (when DOL has promised to clear the backlogs) - Even assuming he gets his I-140 overnight, an end-of-2004 PD will certainly not be anywhere near current by the rate at which EB3 India dates are progressing, So that means another 4 - 6 years or so just to FILE 485. All this assuming his LC is approved - if LC gets turned down after waiting 3 years, he has to start over with a new 2007 PD !!
This is exactly the situation that one of my colleagues finds himself in.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
This is exactly the situation that one of my colleagues finds himself in.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
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mambarg
07-20 09:56 AM
I got the answer.
INS review have steps to lookup info in CLAIMS software to see if there is approved petition.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff4ed0676988d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=c54f0ccc1793f010VgnVCM1000000ecd190a RCRD
SO I am sure they will verify the info in enotice before rejecting.
INS review have steps to lookup info in CLAIMS software to see if there is approved petition.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff4ed0676988d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=c54f0ccc1793f010VgnVCM1000000ecd190a RCRD
SO I am sure they will verify the info in enotice before rejecting.
more...
shana04
02-01 03:57 PM
Check your PM...
please check you pm
please check you pm
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sunny1000
12-18 09:58 PM
They should also enforce it so that we don't get cheated by the employers.:p
Govt. has stipulated some wage while doing LCA. I think these activists should go after the govt. to raise that wage if they feel if it is low.
Govt. has stipulated some wage while doing LCA. I think these activists should go after the govt. to raise that wage if they feel if it is low.
more...
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kcforgc
06-07 05:53 PM
It is the same here in FL. They mention it as a "TEMPORARY" licence.
Moreover, they renew it only for 1 year at a time even though my H1 is valid for 3 years. This way they get $15 each year instead of every 3 years.
Moreover, they renew it only for 1 year at a time even though my H1 is valid for 3 years. This way they get $15 each year instead of every 3 years.
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chanukya
10-01 05:49 PM
Same kind of comments by Hillary were slammed as racist comments, after which she had to re-tract or explain what she meant.
This is a kind of Type Casting all Indian-Americans as working for or owning 7/11 or Dun-kin Donuts, some people cannot see beyond that, as they are the day-to-day interactions they have with Indian-Americans....Remember we are still not Indian-Americans, we are still Indians only, but some are aspiring to be...
In politics, especially Election Season, anything you say will be portrayed as wrong by somebody....(bi-product of freedom of speech)....we 7/11 and Dunk-in Donut guys know well about this from our Indian Politics...Feeling kind of in India only, no difference, as far as politics is concerned, our guys have mastered this art of politics, may be US should outsource this also, they might be already doing this, we do not know.
So do not shoot the messenger....
This is a kind of Type Casting all Indian-Americans as working for or owning 7/11 or Dun-kin Donuts, some people cannot see beyond that, as they are the day-to-day interactions they have with Indian-Americans....Remember we are still not Indian-Americans, we are still Indians only, but some are aspiring to be...
In politics, especially Election Season, anything you say will be portrayed as wrong by somebody....(bi-product of freedom of speech)....we 7/11 and Dunk-in Donut guys know well about this from our Indian Politics...Feeling kind of in India only, no difference, as far as politics is concerned, our guys have mastered this art of politics, may be US should outsource this also, they might be already doing this, we do not know.
So do not shoot the messenger....
more...
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Charleh
05-28 05:14 AM
You can bind them quite easily, assuming your data sources implement the correct interfaces (I believe IBindable/IBindableList).
You would use the metadata table to fill the list for the combobox and then bind the list to the 'degree' fields on your persons table
There are numerous ways to actually accomplish this, I'll run through a straight forward method using the datasource wizard
1. Drop a combobox onto the page
2. Go to the 'Data Sources' window which is usually docked on the left and add a new data source
3. Pick your data provider (I've picked database)
4. Set up your connection to connect to the database. I've just included the connection data in the application for the sake of simplicity
5. Choose the table you wish to bind to - this will be the 'metadata' table with your degrees
6. Finish the wizard, now in the datasources window you should have your table visible.
7. Drag the whole table onto the combobox
8. The program will assign the DisplayMember and ValueMember of the combobox automatically, you can modify it in the combobox properties - the ValueMember is the underlying identifier (the ID column) whereas the DisplayMember is the value you will actually see in the box
9. Repeat steps 1-6 to add your 'persons' table to the datasources window (you can use the same connection as you used before, you won't need to add another)
10. Once you have added the persons table, in the datasources window expand the persons table so you can see all of the actual columns of the table.
11. Find the column you will be binding to (the degree1 column for instance) and drag that onto the combobox.
12. Finished!
Of course you will need to make sure that a certain record from your persons table is selected as the datasource contains a record pointer - you can always drop a BindingNavigator control on there and associate it with the datasource but it does look a bit 'Microsoft Accesss' so I don't use them. Of course you will probably be getting to your persons form via a persons list in the first place so naturally you will be passing in the persons 'ID' and finding that person in the table using the ID
Either way your combobox is bound - your metadata is bound to the item list of the combobox and the persons tables 'degree1' field is bound to the selected value of the box. Visual Studio tends to be quite intelligent in this respect - if you drag a data column onto a bindable control it knows that it should bind the 'value' of that control to the data source. If you drag an entire data table or data container onto the control it knows to bind any 'list' objects to it.
VS 2008 will have already added the necessary code to 'bind' the objects at runtime - check your 'onload' function in the VB code
Of course you've only really got one thing to bind to on a textbox so you get different functionality (with respect though you can actually bind to any property of a control but most of the time why would you want to?)
This is just an example of how to bind to a control - the data exists in memory, so any changes you make won't affect the database immediately. In fact I'm not 100% on how the data gets written back with tableadapters. You may want to read up on them, I usually use custom objects which implement the bindable interfaces.
Edit:
Looks like you can just use the 'Update' method on the tableadapter and pass in the dataset thats automatically defined for you (the dataset will be holding the actual data you are editing). So if you stick a 'save' button on the page and then in the save method call YourTableAdapter.Update(YourDataSource) that should do it - I'll give it a try!
You would use the metadata table to fill the list for the combobox and then bind the list to the 'degree' fields on your persons table
There are numerous ways to actually accomplish this, I'll run through a straight forward method using the datasource wizard
1. Drop a combobox onto the page
2. Go to the 'Data Sources' window which is usually docked on the left and add a new data source
3. Pick your data provider (I've picked database)
4. Set up your connection to connect to the database. I've just included the connection data in the application for the sake of simplicity
5. Choose the table you wish to bind to - this will be the 'metadata' table with your degrees
6. Finish the wizard, now in the datasources window you should have your table visible.
7. Drag the whole table onto the combobox
8. The program will assign the DisplayMember and ValueMember of the combobox automatically, you can modify it in the combobox properties - the ValueMember is the underlying identifier (the ID column) whereas the DisplayMember is the value you will actually see in the box
9. Repeat steps 1-6 to add your 'persons' table to the datasources window (you can use the same connection as you used before, you won't need to add another)
10. Once you have added the persons table, in the datasources window expand the persons table so you can see all of the actual columns of the table.
11. Find the column you will be binding to (the degree1 column for instance) and drag that onto the combobox.
12. Finished!
Of course you will need to make sure that a certain record from your persons table is selected as the datasource contains a record pointer - you can always drop a BindingNavigator control on there and associate it with the datasource but it does look a bit 'Microsoft Accesss' so I don't use them. Of course you will probably be getting to your persons form via a persons list in the first place so naturally you will be passing in the persons 'ID' and finding that person in the table using the ID
Either way your combobox is bound - your metadata is bound to the item list of the combobox and the persons tables 'degree1' field is bound to the selected value of the box. Visual Studio tends to be quite intelligent in this respect - if you drag a data column onto a bindable control it knows that it should bind the 'value' of that control to the data source. If you drag an entire data table or data container onto the control it knows to bind any 'list' objects to it.
VS 2008 will have already added the necessary code to 'bind' the objects at runtime - check your 'onload' function in the VB code
Of course you've only really got one thing to bind to on a textbox so you get different functionality (with respect though you can actually bind to any property of a control but most of the time why would you want to?)
This is just an example of how to bind to a control - the data exists in memory, so any changes you make won't affect the database immediately. In fact I'm not 100% on how the data gets written back with tableadapters. You may want to read up on them, I usually use custom objects which implement the bindable interfaces.
Edit:
Looks like you can just use the 'Update' method on the tableadapter and pass in the dataset thats automatically defined for you (the dataset will be holding the actual data you are editing). So if you stick a 'save' button on the page and then in the save method call YourTableAdapter.Update(YourDataSource) that should do it - I'll give it a try!
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acecupid
08-13 11:15 AM
If we want to read sports related news we can go to news sites. People should refrain from creating such threads which are completely unrelated to IV.
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studmvr
12-20 01:29 PM
Instead i will donate the travel expenses to IV...........
Good Luck Every one
Good Luck Every one
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nvmurali
06-02 04:20 PM
You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.
This is not legal advise - a lawyer consultation is highly recommended.
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
This is not legal advise - a lawyer consultation is highly recommended.
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
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ghost
06-22 03:25 PM
Before this thread spirals into a controversial discussion, I'd like to clarify that some members may be desperate to see the results but they have to understand that it will take time. So be patient and please stop writing accusing posts, even if you mean it in a lighter vein. It will do no good to any of us.
Any one who understands how american politics work should realize that we are in a conundrum and the best way to get out of this is to recruit more members to represent us.
Now dont waste time posting useless messages like this one:p on this forum and divert your energy towards recruiting new members.
Mods, if possible, please delete the un-related messages from this post. Thanks!
Any one who understands how american politics work should realize that we are in a conundrum and the best way to get out of this is to recruit more members to represent us.
Now dont waste time posting useless messages like this one:p on this forum and divert your energy towards recruiting new members.
Mods, if possible, please delete the un-related messages from this post. Thanks!
finimits
05-03 09:55 AM
Hi Saji007,
Really? That is very encouraging indeed.
Even I have currently 5.5 years done on my H1B and looking to change soon.
BTW, I have my I-140, but I am not sure is there was ever a document they sent me with the PERM. Are these both the same thing?
I guess I don't have the PERM approval notice with me. Is this a hard requirement and if so do employers generally give the PERM approval notice to employees on request?
Really? That is very encouraging indeed.
Even I have currently 5.5 years done on my H1B and looking to change soon.
BTW, I have my I-140, but I am not sure is there was ever a document they sent me with the PERM. Are these both the same thing?
I guess I don't have the PERM approval notice with me. Is this a hard requirement and if so do employers generally give the PERM approval notice to employees on request?
a1b2c3
04-15 08:12 PM
thanks guys for the info. I agree Cathay is probably the best option. I am very skeptical about Air India. Have been hearing negative comments since I was a kid, when my dad a was a frequent overseas business traveller. Things might have changed lately but the bad impressions linger on.
JAL looks promising too.
My mom doesn't need the nozzle-bum-wash as much as she needs to sit on the toilet because she cannot squat due to bad knees. And that is available with every airline I imagine.
I agree though the "bidget" would a plus for some seniors and honestly I think its also cleaner.
In our case, however, we need leg room, wheel chair facility (very imp), veggie indian food (the food on emirates wasn't up to the mark) and decent service.
thanks again to everyone for sharing their experiences.
JAL looks promising too.
My mom doesn't need the nozzle-bum-wash as much as she needs to sit on the toilet because she cannot squat due to bad knees. And that is available with every airline I imagine.
I agree though the "bidget" would a plus for some seniors and honestly I think its also cleaner.
In our case, however, we need leg room, wheel chair facility (very imp), veggie indian food (the food on emirates wasn't up to the mark) and decent service.
thanks again to everyone for sharing their experiences.
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