Thursday, June 9, 2011

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  • seahawks
    06-02 08:43 AM
    My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.

    Does USCIS have any requirements for validity dates for passport when application for H1B is sent?


    A passport must me valid at least 6 months is my understanding when I got my H1 renewed.





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  • abhijitp
    11-12 05:47 PM
    Great going! Good luck Texas State Chapter!





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  • ImmiLosers
    03-10 10:01 PM
    URGENT -
    I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
    My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.

    Please let me know yr opinion.





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  • GCwaitforever
    06-03 03:26 AM
    Indian Consulates will be conducting VISA camps at different places. Verify the schedule on the web site, stop by and get the passport renewed.



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  • jasmin45
    12-05 07:04 PM
    I was recently speaking with a member and he told me that people even congratulate each other when they have LUDs. :D

    Very funny! but sadly true and LUD's are integral part of several signatures.. I could not control my laughter when I read your this very statement.:D:D:D





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  • Becks
    02-17 04:51 PM
    It has been discussed many many times in IV and most of us have expert (!) knowledge about this I guess. Anyway go for AC21 with H1 Transfer if your new company can transfer H1. Otherwise go for EAD since you wont have any option.



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  • GCNeophyte
    09-04 10:45 PM
    Hello,
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
    Thanks.

    I know one case who is very similar to your scenario. during POE they had to hear 5 mins of lecture from officer (rules of GC, like you need to stay here in US or other wise you would loose your GC blah blah blah) other than that they didn't face any issues entering with New GC. do your home work and good luck.





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  • reddog
    06-18 04:28 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.

    Now, if the company you are working for has more consultants working for the client, the client should be able to convince your company to let you go without any issues.

    Also, there are always some loopholes that are not covered in the non-compete, and it would help to explore along those lines.
    Very common idea is if job responsibilities change or if you are moved to a different project via a different vendor..
    Also, is the non-compete between the two companies written by a law firm and is of any legal binding? If not, what good is that outside the two businesses?

    I still do not know why would you want to work thru a different Vendor?
    Is this a Preferred Vendor issue?
    I mean, if you are anyways going on an AC21(assuming you are one of us :))
    why not push for a direct employment, that would ease the non-compete issue far more then the Vendor move.

    And finally, if the Non-compete is between the Client and the Vendor, why are you worried?




    someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?

    Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant



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  • sammyb
    10-12 04:58 PM
    ^^^^^^^^^^^^

    guess we are the only two on this thread .. isn't there anyone else in LI ... :confused:





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  • fromnaija
    07-10 12:08 PM
    This being your first post on this forum, I'd like to advise that you include URL in your post otherwise one might think you are making this up.

    Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum

    To AILF/AILA,

    I appreciate your effort in filing lawsuit on behalf of July I-485 filers.

    There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.

    Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.

    He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."

    Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.

    Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.

    What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?



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  • Nagireddi
    08-20 08:53 PM
    EB2
    My priority date Dec 2005
    I140 approved
    I485 filed at NSC-August 2007
    Still waiting.................





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  • Billboard
    08-07 04:53 PM
    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.



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  • snathan
    05-08 10:23 PM
    We are all paying tax for years and the way USCIS works...we would get the GC only by next birth. This is very ridiculous rule.





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  • beautifulMind
    06-28 10:31 PM
    I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept

    Should I use the OPT A# everywhere on the application?


    I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?


    There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this



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  • pa_arora
    09-21 11:45 AM
    .. by trying to get our provisions included in this bill .. Duh..

    I may not know the process completely, but how does it work as the Bill has already been passed. Can somebody amend the Bill after it passed? If yes, dosen't it needs to go thru the the voting again?

    ciao
    -p





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  • amitjoey
    12-12 03:41 PM
    Hi all,

    This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.

    Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.

    So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.

    I would be eager to see what people say here.


    You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.



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  • Canadianindian
    07-22 06:34 PM
    If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)

    Confirm with the co lawyer also.


    Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.


    Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?

    Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?





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  • gc78
    10-09 02:00 PM
    I had to travel to Switzerland recently and was in a similar situation. I explained to the visa officer that my H1B stamp had expired and was planning on using AP for travel. She was fine with it, mentioned that AP supersedes H1B stamp anyway and issued the Swiss visa.





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  • desighee
    02-25 02:28 PM
    In some states (like NJ), you need a letter from Social Security Administration stating that you are not eligible for SSN.

    Essex,MD has the MVA office.
    http://www.mva.state.md.us/LOCATION/baltimorecounty.htm
    Essex - Full Service
    Middlesex Shopping Center
    1338-A Eastern Boulevard
    Essex, MD 21221



    They don't need any letter from SSN administration.However they do check your visa status etc.So should be able to prove your legal status(passport.797 form etc),
    i would suggest call them up or go to their office with all the documents.They will tell u if there is anything they need and if it is missing.
    they are extremely courtious people and will tell u rightaway if there are problems with ur docs.
    Offcourse my information may be outdate so call them up first to make sure info is correct.





    GCanyMinute
    09-10 08:42 AM
    I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

    See this Q&A from Mathew Oh:

    # Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

    A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.





    Ennada
    11-19 02:33 PM
    Amazing progress NSC from July 04 - > July 05 :D

    As long as the progress is not backwards.......:cool:



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