GCplease
07-30 09:16 AM
Dear Experts and Attorneys:
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
These are just my views. Please do not take them as is. Check with an attorney.
1. Joining the same company would be ideal because you can continue your 485 process. Pay hike of 15 % will not be a problem. your attorney should be able to explain that in case there is a rfe. but make sure that the job title is the same.
2. For AC21 after 6 months, you should be in the same profile. Pay hike is okay I think. A normal 5 % will not be a problem, but 15 % may be. But I still think the attorney will be able to explain. Check with him
3. getting a new job and filing your perm labor and I-140 should be okay. If all goes well, you may reach the 485 stage in 6 months. But the question of retaining your priority date depends on your old company not revoking your current 140. If they do, you lose your old priority date. There will be a lot of uncertainities here. But becasu you still have another 3 years you can try this route.
4. 2 weeks without a job may not be that big of an issue.
Again, these are my personal views. Your attorney can explain things much more concretely.
Good luck.
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
These are just my views. Please do not take them as is. Check with an attorney.
1. Joining the same company would be ideal because you can continue your 485 process. Pay hike of 15 % will not be a problem. your attorney should be able to explain that in case there is a rfe. but make sure that the job title is the same.
2. For AC21 after 6 months, you should be in the same profile. Pay hike is okay I think. A normal 5 % will not be a problem, but 15 % may be. But I still think the attorney will be able to explain. Check with him
3. getting a new job and filing your perm labor and I-140 should be okay. If all goes well, you may reach the 485 stage in 6 months. But the question of retaining your priority date depends on your old company not revoking your current 140. If they do, you lose your old priority date. There will be a lot of uncertainities here. But becasu you still have another 3 years you can try this route.
4. 2 weeks without a job may not be that big of an issue.
Again, these are my personal views. Your attorney can explain things much more concretely.
Good luck.
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pbuckeye
06-25 02:45 PM
If you can get the email from the client mentioning that they can't give a letter, then I feel that could be enough reason for MTR (but check with an attorney). Have you explored about filing again in premium with new or more documents (see below)?
Could you confirm if you already submitted:
1. MSA/SOW/PO (all or any of these). Does the SOW/PO have your name on it?
2. Contact info of your supervisor at client site. I think this is very important.
Was the denial solely based on the client letter?
Could you confirm if you already submitted:
1. MSA/SOW/PO (all or any of these). Does the SOW/PO have your name on it?
2. Contact info of your supervisor at client site. I think this is very important.
Was the denial solely based on the client letter?
somegchuh
11-09 05:08 PM
In the corporate world dilbert cartoon strip, shows an evil character called dogbert who is an HR exec. This evil character does everything to annoy office staff. However, for GC aspirants lawyers and USCIS are also nothing short of dogberts.
Speaking of annoying lawyers, my company lawyer who is supposed to file for our EAD/AP renewal is adamant that the renewal can be filed only four months in advance. I have provided him a USCIS link that clearly states that USCIS accepts applications 6 months in advance. But it doesn't seem to help. God, I hate these lawyers.... So much fuss for filing paperwork....
Speaking of annoying lawyers, my company lawyer who is supposed to file for our EAD/AP renewal is adamant that the renewal can be filed only four months in advance. I have provided him a USCIS link that clearly states that USCIS accepts applications 6 months in advance. But it doesn't seem to help. God, I hate these lawyers.... So much fuss for filing paperwork....
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coopheal
04-12 07:17 PM
If you have an attorney represnted and you ahve signed a G325, you will not get the RFE your lawyer rather would get it...
This is correct. Only your attorney will get the RFE.
This is correct. Only your attorney will get the RFE.
more...
desi3933
03-04 11:58 AM
>> Do you have a Green Card?
This is not a legal question. If question is posted on web-site, that can be reported.
The questions should be
1. Do you have the legal right (i.e. appropriate documentation/work permit) to work in this job position?
2. Can you (the applicant), within 3 business days of employment, submit verification of both your identity and your authorization to work in the U.S. pursuant to the U.S. Immigration Reform and Control Act of 1986?
________________________
Not a legal advice.
US citizen of Indian origin
This is not a legal question. If question is posted on web-site, that can be reported.
The questions should be
1. Do you have the legal right (i.e. appropriate documentation/work permit) to work in this job position?
2. Can you (the applicant), within 3 business days of employment, submit verification of both your identity and your authorization to work in the U.S. pursuant to the U.S. Immigration Reform and Control Act of 1986?
________________________
Not a legal advice.
US citizen of Indian origin
raysaikat
06-10 10:18 PM
I'm confused - Everyone who has a 140 is supposed to have a Labor and very likely that will be more than 365 days old. So why do anyone need 140 approval in that sense ?
And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.
And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.
more...
sriswam
06-28 08:42 PM
Is it worth to file premium processing on friday?
Thats a good question. Would it still be considered valid if we mailed the documents on Friday so that it reaches them Saturday. They'd still be opening the mail on Monday July 2nd. I have a feeling that would be too late. Any others in the same boat ?
Thats a good question. Would it still be considered valid if we mailed the documents on Friday so that it reaches them Saturday. They'd still be opening the mail on Monday July 2nd. I have a feeling that would be too late. Any others in the same boat ?
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anjans
07-18 04:57 PM
You need to fill the application with date of entry anf I-95 number!
more...
pezz77
05-24 09:09 AM
I thought this would be the most appropriate place to post.
I am on my 3rd year of H1-B (non-technical field), just moved to a new company and was going to start my process toward getting a gc in the next month or so. Now, with all of this, I am very confused.
Do you folks think that it is most appropriate to sit tight and wait to see what happens? or to just go for it now?
I'd appreciate your input, as I have to make a decision soon.
I am on my 3rd year of H1-B (non-technical field), just moved to a new company and was going to start my process toward getting a gc in the next month or so. Now, with all of this, I am very confused.
Do you folks think that it is most appropriate to sit tight and wait to see what happens? or to just go for it now?
I'd appreciate your input, as I have to make a decision soon.
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Oct007
11-06 02:26 PM
If I renew my H1B can I avoid visa stamping by using the AP travel document.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Thanks to all for the responses.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Thanks to all for the responses.
more...
mjdup
02-12 12:42 PM
This is a start and a good one....:) Bravo for being honest and stepping in..
hot I used to love Yoshi to death.
peer123
04-04 01:05 PM
bumping again... my apologies...
more...
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eb3India
03-09 09:03 PM
I simply don't get it, first everyone blamed 245i cases and April 2001 deadline, we now passed this stage, I really don't see that many people from India are waiting for GC with PD 2001, so who are consuming these visas, there are only few guys from this year, most of my friends how applied during this year got their greencards
it just does'nt make sense, yes ofcourse reforms is dire necessity
it just does'nt make sense, yes ofcourse reforms is dire necessity
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okuzmin
07-13 11:26 AM
If you invest more than 1 million(like bechams hollywood hills home) in US you are eligible to apply for a greencard
You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)
You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)
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velan
05-10 08:28 AM
Why don't we have this kind of events on week end? Many people will be able to attend and share their ideas.
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leonqiu
03-14 12:06 PM
Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
more...
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harikris
12-05 10:19 AM
Hi,
Thanks for your response.
AFAIK, there is no tatkal or emergency type of service for PIO card - atleast not at Washington DC which is our jurisdiction.
My company surprised all it's employees with a 2 week of paid X-Mas holidays. Hence the need for PIO card asap. Hence the reasoning for going and applying in person. So, do i absolutely need to take the kid? I don't see any reason why i should. But better to check with ppl that have first hand experience in submitting the application in person at the Embassy counter.
Thanks for the idea on the thumb impressions. That helps.
Thanks for your response.
AFAIK, there is no tatkal or emergency type of service for PIO card - atleast not at Washington DC which is our jurisdiction.
My company surprised all it's employees with a 2 week of paid X-Mas holidays. Hence the need for PIO card asap. Hence the reasoning for going and applying in person. So, do i absolutely need to take the kid? I don't see any reason why i should. But better to check with ppl that have first hand experience in submitting the application in person at the Embassy counter.
Thanks for the idea on the thumb impressions. That helps.
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GotGC??
03-27 02:09 PM
You missed the sarcasm, never mind :)
Yes, depending on how the educational requirements in your LC is worded - I mean right down to the last word - it just might leave you with some room for manoeuvre.
Yes. I have paid quite amount of money to fill the PERM application.
So, what you are saying that I actually can continue the process?
Yes, depending on how the educational requirements in your LC is worded - I mean right down to the last word - it just might leave you with some room for manoeuvre.
Yes. I have paid quite amount of money to fill the PERM application.
So, what you are saying that I actually can continue the process?
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moe
02-11 10:35 AM
thank you for repply.i try to stay legal here much as everybody but sistem work slow and put me out only for 3 monts. since then i fight to get my statu back .and i will get it back soon or letter.
thank you for tread me like humanbean.
Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
Anyway, you cannot use your lottery case as that visa number expired back in 03.
and for others people here..
one day you can lost you statu here because you lawyer or some difirent raisen.. then you will fell how i fell..
i hope you guys get you gc soon..
no more post for me .goodby
thank you for tread me like humanbean.
Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
Anyway, you cannot use your lottery case as that visa number expired back in 03.
and for others people here..
one day you can lost you statu here because you lawyer or some difirent raisen.. then you will fell how i fell..
i hope you guys get you gc soon..
no more post for me .goodby
anu_t
07-21 03:01 PM
Yes. while applying for my new labour My lawyer and my company told me "I can not work from home". I think due to the new restrictions and everything lawyers doesn't want to take any kind of risks any more. (Means that's what I interpreted.)
jonty_11
07-26 02:44 PM
check teh 'Stuck in FBI namecheck' thread on this forum..
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