Saturday, June 11, 2011

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  • vsuri
    09-10 08:26 PM
    I had no experience with a prior employer when my employer applied for PERM in January 2007.
    Education: MS
    PERM Category: EB2
    Company Sector: Finance
    Job Profile: Technology

    PERM & I140 were approved by DoL & USCIS respectively without any RFEs. I485 pending since Aug 2007.

    hello every1,

    I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..

    Could you please shed some light on your profile and current standing in GC process ??

    Thank youu....




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  • rajenk
    07-15 01:53 PM
    The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.

    1. Join the new company (the client of your current company)

    2. Have them file labor certification.

    3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.

    That is all it takes. This is a standard process.

    Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.

    Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.

    Hope this clears your hold up.

    PM me if you need further clarification.

    Good luck on your new job.

    -Raj:)




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  • gc28262
    07-21 09:33 AM
    IMO it looks like USCIS is trying to find some reason to deny an H1B petition. Fragomen doesn't have the guts to defend their clients before USCIS since they underwent some investigation.
    They are just trying to play safe.




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  • kaisersose
    10-15 09:34 AM
    Recently I came across a different situation where outsourcing caused to lay off GCs and citizens(Ind origins).
    My friend is working in a medium company for 5 years after he got GC.
    Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
    Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
    here are examples...
    1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
    2) during discussion do not use any US slangs. Talk to them in simple english.
    3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
    4) know something about cricket. Indians love cricket game.

    The correct term is Offshoring.

    Outsourcing is handing out some functions to another company which does not have to be in a foreign country. For example the visa bank outsources a lot of its work to IBM.

    Offshoring is sending jobs outside the country, not necessarily to another company (may be a new branch of the same company). For example, Ford opens a new plant in Mexico or Phillipines and ships out a 1000 jobs to this new plant. It is still the same company, but the US jobs are gone.

    Offshoring experiences are bitter/sweet for most companies. They have the cost advantage, but they have to compromise on quality of work. But love it or hate it, they cannot choose to avoid it. Offshoring is here to stay.



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  • gc2
    09-22 05:24 PM
    Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met

    Job A: Techincal Consultant
    - Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
    - Basic working understanding of SQL Server, Oracle and related query language and tools
    - Consulting development experience in IT or Systems Integration
    - Excellent communication skills; written and verbal.

    Job B: Project Manager
    - Accomplishes project objectives by planning and evaluating project activities.
    - Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
    - Identifies resources needed and assigns individual responsibilities.
    - Manages day-to-day operational aspects of a project and scope.
    - Reviews deliverables prepared by team before passing to client.
    etc etc.


    On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?




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  • ski_dude12
    03-22 11:50 AM
    What about your previous H4 visa. Is that valid? or did they void that visa when they refused the new one. Or your previous H4 has expired?

    If your previous H4 is valid you can try to re-enter using that. You will have to tell the officer at POE about your H4 visa denial, if asked.

    Good luck and do not get scared. It is not the end of the world.



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  • gc_kaavaali
    12-24 10:25 PM
    this thread should be on top




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  • lazycis
    10-06 01:22 PM
    The law says (8 USC 1154):
    "(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
    A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."



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  • hariswaminathan
    01-10 04:46 PM
    I prefer your theory to Infopass officer. Sincerely hope you are right because Name check is not where i want to be stuck in.


    So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.

    The two processes Name check & FP are parallel, not sequential.

    I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)

    USCIS works in strange ways...i may be using logic that's beyond their IQ :)

    Take it easy...




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  • dollar500
    08-02 11:39 PM
    ....bump.....



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  • aadimanav
    09-05 03:56 PM
    Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)

    When will, we EB3s (India), see some light at the end of the tunnel.

    Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:




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  • shree772000
    07-20 08:12 AM
    In the longer run I think many of us will go back if not close to 90%. That is the charm India holds in our hearts and minds.

    Its just not jobs or lack thereof, its not about comfortable life or lack thereof, you will be pulled back at your heart.

    And with all the brains going back India can no longer be poor and will overflow with talent so there will be more companies moving into India.

    I plan to go back regardless of GC.



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  • reedandbamboo
    06-18 04:33 PM
    I called and left a message for the President.

    Please call BEFORE 5 pm Eastern.




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  • dingudi
    10-25 09:33 PM
    But has this happened to anyone where first online status says card ordered and then it reverts back to previous status of received and pending application. And this is only for my spouse.



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  • alisa
    07-07 12:31 PM
    I gave it highest ratings. I encourage others to do the same.




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  • himu73
    12-08 10:37 AM
    I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post



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  • redgreen
    08-04 01:38 PM
    If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
    She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.




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  • gc_rip
    08-03 10:55 AM
    Hi,

    My wife's EAD is expiring on 8/3, and the renewal was filed on 5/19 w/ notice date 5/24.
    We have just requested expedite request but may not get it in time.

    She just entered into USA using AP in July.
    485 was filed in Aug 07.

    If she continues to work till the EAD is processed, would she be protected under rule 245K? Does she need to stop working immediately?

    And what happens if she does not get the EAD by Aug 19 (90 days)? Would the infopass office issue an interim EAD based on the application?

    Thanks,




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  • kondur_007
    03-28 10:16 PM
    Was the extension with current employer applied before the expiry of your current I 94? Then only 240 days rule apply. Otherwise your are accumulating illegal presence.

    You need help from a good competent attorney instead of advise from forum; your case is quite complicated. If not handled properly, you may be subject to 3/10 bar. In any case, you need a very good legal advise even before you leave US.




    bookmarkmaster
    08-27 06:59 AM
    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.




    hmehta
    09-12 07:20 PM
    Yes, you can take "Leave without pay" - you will not be out of status. Even if you are not getting paid you still are on company payroll.

    As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.



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