rbharol
08-15 04:05 PM
IV is already working with USINPAC. if you know of any other indian orgs http://www.garamchai.com/desiassc.htm, pls contact them for support as an IV member.
Pappu,
Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.
Pappu,
Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.
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dvb123
11-21 11:04 AM
Msg Deleted
rockstart
03-02 10:00 AM
The answer is Yes & No. You are correct that CIS should only care of status from last entry on visa. But CIS does ask for all the documents from your first entry to US. Though you can always invoke 245(k) in case you have status issues that does not stop CIS from asking old documents
As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.
____________________
Not a legal advice
US citizen of Indian origin
As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.
____________________
Not a legal advice
US citizen of Indian origin
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krishnam70
03-26 12:28 AM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
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paskal
11-09 01:16 PM
I assume that all information provided will be kept private
all contact info is for internal iv use ONLY!
all contact info is for internal iv use ONLY!
lj_rr
07-31 04:15 PM
Any inputs?
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vin13
03-11 09:14 AM
My AP was mailed by USCIS in January and I never received it. Called USCIS customer service, they said I need to apply again by paying $305 again. Called up USPS and they cannot find it, USPS said they will be sending me apology letter.
Did any one lost AP in mail, did any of you refile again.
I had a similar situation. The website showed that the case was approved. After waiting for few weeks had my lawyer contact USCIS. They said to wait another week and if it does not arrive then they will issue a duplicate one. The very next day, the lawyer fedexed me the AP papers saying they arrived. Now, i am not sure if the mail was not opened at the lawyer's office or truely it arrived the very next day.
I think the best for you would be to schedule a Infopass and go there with your information. If they feel like helping you, they can have you fill the application form right there and issue the AP in a day or two.
Take a couple of your passport photos just in case they want you to fill the application again. It is a very short application. So it takes less than 10 minutes to fill it. They may not charge you any money. Just take your 485 receipt notice, I-140 approval notce, previous AP approvals if any, current EAD with you.
Did any one lost AP in mail, did any of you refile again.
I had a similar situation. The website showed that the case was approved. After waiting for few weeks had my lawyer contact USCIS. They said to wait another week and if it does not arrive then they will issue a duplicate one. The very next day, the lawyer fedexed me the AP papers saying they arrived. Now, i am not sure if the mail was not opened at the lawyer's office or truely it arrived the very next day.
I think the best for you would be to schedule a Infopass and go there with your information. If they feel like helping you, they can have you fill the application form right there and issue the AP in a day or two.
Take a couple of your passport photos just in case they want you to fill the application again. It is a very short application. So it takes less than 10 minutes to fill it. They may not charge you any money. Just take your 485 receipt notice, I-140 approval notce, previous AP approvals if any, current EAD with you.
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cox
August 24th, 2005, 05:38 AM
I read in interesting piece by Bjorn Rorslett on this very subject of stacked polarizers... it is possible to achieve a sort of false color IR by stacking a Circular and Linear polarizing filters...
I hadn't heard of that, I'll have to look it up. Thanks for sharing. :)
I hadn't heard of that, I'll have to look it up. Thanks for sharing. :)
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mhkumar
03-25 02:23 PM
Everyone please create your own account at http://www.whitehouse.gov/OpenForQuestions/ (search with keyword immigration), and vote for all the questions favoring legal immigration so that those question will get more attention.
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zCool
05-21 03:33 PM
There no hard and fast rule.. so long as you can prove the intent to work permanantly.. some will say 6 months .. some will say 1 yr.
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eb3retro
10-24 03:47 PM
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Great advice, I sincerely thank you for your time.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Great advice, I sincerely thank you for your time.
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raj2007
06-20 01:28 PM
I was working for company A as a Title X through H1 B visa
And company A filed my GC sponsorship petition with title Y and I-140 cleared.
I resigned company A for job Title X and joined company B (H1 transfer) (I did not rejected or asked him to cancel my EB based GC petition)
But Company A revoked my EB based sponsored petition.
Is there a legal right for me to ask why did he revokes my EB based sponsorship petition when I have not rejected his offer for GC Title Y
Please clarify
You have no legal right. Employer can sponser and revoke the petition.
And company A filed my GC sponsorship petition with title Y and I-140 cleared.
I resigned company A for job Title X and joined company B (H1 transfer) (I did not rejected or asked him to cancel my EB based GC petition)
But Company A revoked my EB based sponsored petition.
Is there a legal right for me to ask why did he revokes my EB based sponsorship petition when I have not rejected his offer for GC Title Y
Please clarify
You have no legal right. Employer can sponser and revoke the petition.
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abhi_jais
12-04 03:24 PM
Bharmohan and Mukesh:
What happened to your case? Is it still pending or you got it stamped?
Please let us know.
What happened to your case? Is it still pending or you got it stamped?
Please let us know.
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ajp5
05-05 10:15 AM
It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.
That is incorrect. It does not have to be approved before you can start working. My wife recently got her H1 to H4 to H1 approved and she started work as soon as H4 to H1 was filed.
That is incorrect. It does not have to be approved before you can start working. My wife recently got her H1 to H4 to H1 approved and she started work as soon as H4 to H1 was filed.
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roseball
10-16 05:05 PM
Hi,
My green card petition was applied under "Computer and Information Systems Manager" job title. Recently, I get a full-time job offer from another employer with a much lesser salary but, considering the current job market and economy, I've no other option but to accept it. There's one little kink in this new situation: the title for the job I've applied for labor does not match with the one I'm offered (Software Engineer)
These are my questions:
1. Do I really need to apply AC21 now?
2. If I apply AC21 with Software Engineer title what could be the consequence
3. What if I try to get a letter from my new employer with job title as Computer and Information Systems Manager or some similar title. Do you think it'll work?
If anyone has better idea, please advise me. I'd really appreciate all your help.
Thank you very much...
Your new job duties and job code should be the same/similar to the one on your LC. You should pay more attention towards job duties and job code for AC21. Matching job titles are good to have, but not a must for AC21.
My green card petition was applied under "Computer and Information Systems Manager" job title. Recently, I get a full-time job offer from another employer with a much lesser salary but, considering the current job market and economy, I've no other option but to accept it. There's one little kink in this new situation: the title for the job I've applied for labor does not match with the one I'm offered (Software Engineer)
These are my questions:
1. Do I really need to apply AC21 now?
2. If I apply AC21 with Software Engineer title what could be the consequence
3. What if I try to get a letter from my new employer with job title as Computer and Information Systems Manager or some similar title. Do you think it'll work?
If anyone has better idea, please advise me. I'd really appreciate all your help.
Thank you very much...
Your new job duties and job code should be the same/similar to the one on your LC. You should pay more attention towards job duties and job code for AC21. Matching job titles are good to have, but not a must for AC21.
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NNReddy
08-25 09:05 PM
My friend's wife got a job. company didn't ask for ead card so far. she filed the employment applicaiton where they asked her if she is a citizen or green card, she filled everything correct, they made an offer and did the background check, she is supposed to start in 2 weeks.
Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
Please clarify.
Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
Please clarify.
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nozerd
11-21 12:22 PM
HELLO ! Emilio Gonzalez, USCIS Director is Cuban American. Its probably his parting gift for "his people".
Cuban Americans are very strong Republican vote block. See new TV serial "Cane" on CBS to get a sneak peak into the community.
Cuban Americans are very strong Republican vote block. See new TV serial "Cane" on CBS to get a sneak peak into the community.
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Desertfox
05-08 03:26 PM
There is no doubt that their work is a lot harder than it appears, but the point is that H1B is always interpreted as Visa for Computer Programmers ONLY, in the mainstream media. I think its time to publicize this new initiative from congress and let everyone know that H1B is not only for Programmers, it’s also for Fashion Models, Doctors, Engineers, Architects, Scientists and who knows what else! :mad:
I think thats what kevinkris meant when he said "give me a break".
I think thats what kevinkris meant when he said "give me a break".
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gc_in_30_yrs
09-27 10:08 AM
so why dont you look at the palnets and tell us what the futre hold for us.. you are doing on astroqury.com
Lets see what the future holds for us.
Hold on snhn:
rbharol is right in saying once it is filed in one category can not be changed. If you want to retain the PD from one category to another, you need to start the process in the category you wanted and ask USCIS to retain the PD from the other category. there is no astroqury.com intervention is required here.
Lets see what the future holds for us.
Hold on snhn:
rbharol is right in saying once it is filed in one category can not be changed. If you want to retain the PD from one category to another, you need to start the process in the category you wanted and ask USCIS to retain the PD from the other category. there is no astroqury.com intervention is required here.
loudoggs
07-31 07:34 PM
Good for you...the tracking number and print out should work...
My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.
My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.
saketkapur
07-06 02:46 PM
Yes, as long as you are working for the same employer that had filed your I-140 then you can maintain your H1B status with them. I had confirmed the same with my attorney. You should confirm the same by your attorney too. I beleive there was a thread at a point of time discussing the same on IV too. Maybe some member might be able to point it to you.
I am now with a different employer and using my EAD since May this year.
Hope this helps......
I am now with a different employer and using my EAD since May this year.
Hope this helps......
