visshy
09-12 11:01 AM
We went through the similar situation few weeks back. My wife's employer took her out of payroll for sometime as she could not get her EAD approved on time. But we had to convince the manger that the delay was infact the result of USCIS processing our application late and they checked our EAD application receipt notice to make sure that we applied beyond the 90 day mark . This would help immediate managers to make a decision infavour of us when in talks with higher-up's.
Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.
Thanks
what exactly does staying out of payroll involve? do they exclude the dates of unpaid leave on the paystub? do we need to fill up a new I9 form?
Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.
Thanks
what exactly does staying out of payroll involve? do they exclude the dates of unpaid leave on the paystub? do we need to fill up a new I9 form?
dba9ioracle
09-22 12:37 PM
If employer is asking pay cut becuase he is in trouble, you should change the job. I don't think he will do anything (or pay you douple), if you are in trouble even if he is making good money. Move on..
RAJASEKERAN
11-12 11:44 PM
Hi,
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
invincibleasian
03-02 02:05 PM
H-1 option exists no doubt. But the number of places one can apply and the concomitant increase in the chances of getting a residency increases with the option of EAD!
What with the UK docs coming to the US...I know for a fact that competition has increased
A bird in hand is worth two in the bush! So stop cribbing and make use of what you have rather than wallowing in self pity for what you dont!
What with the UK docs coming to the US...I know for a fact that competition has increased
A bird in hand is worth two in the bush! So stop cribbing and make use of what you have rather than wallowing in self pity for what you dont!
more...
days_go_by
08-20 09:15 AM
Or is it only for EB3
----------
for now only EB3.
----------
for now only EB3.
walking_dude
06-22 11:05 PM
Tennesseans, I have moved into Nashville suburbs from Detroit. I have the experience of leading MI chapter for sometime (through the critical juncture of MI DL denying DLs to temporary residents).
I can definitely organize folks from around Nashville. I can also help guys from Knoxville, Memphis etc. form local chapters there if there is any interest in being active part of the IV movement.
Interested in you meeting you all and helping IV from Tennessee.
any motivated members can take up the challenge of coordinating activities and leading efforts. let me know if anyone is interested!
I can definitely organize folks from around Nashville. I can also help guys from Knoxville, Memphis etc. form local chapters there if there is any interest in being active part of the IV movement.
Interested in you meeting you all and helping IV from Tennessee.
any motivated members can take up the challenge of coordinating activities and leading efforts. let me know if anyone is interested!
more...
inskrish
09-01 01:46 AM
Hi
I see that RFE is requested on my I-485 along with my wife application. I haven't received the notice yet. Could you please let me know if any july 2007 filers have RFEs on their cases.
Help is much appriciated.
Thanks
Hi,
Most of the I-485 RFEs I have heard/seen so far is related to (1) AC-21 and (2) Birth Certificate, but your case may be different. All the best.
I see that RFE is requested on my I-485 along with my wife application. I haven't received the notice yet. Could you please let me know if any july 2007 filers have RFEs on their cases.
Help is much appriciated.
Thanks
Hi,
Most of the I-485 RFEs I have heard/seen so far is related to (1) AC-21 and (2) Birth Certificate, but your case may be different. All the best.
royus77
05-02 11:41 AM
I am in the same boat .I found a new job after my employer fired me ( Still in 1 month notice period) . Later he found another position and asking me to continue. He may not give me the 1 140 if i leave him
more...
Munna Bhai
07-10 10:01 AM
I'm not from India, can I come ???
:confused:
Come to india, trust me you will enjoy the life...easy to get work visa.
:confused:
Come to india, trust me you will enjoy the life...easy to get work visa.
sledge_hammer
04-05 07:42 PM
Does anyone have recommendation for a tax consultant in northern VA?
more...
sobers
03-27 11:20 AM
Talks about skilled immigration...
Kudos to IV for all their efforts!!
The Other Immigrants
March 27, 2006; Page A16
Lost in the heated debate about the future of millions of illegal laborers in the U.S. is that our system for admitting foreign-born professionals is also in tatters.
While globalization has increased the competition for international talent, U.S. businesses are frustrated by processing delays, long backlogs and especially the failure of Congress to increase the annual limits on visas for skilled immigrants. The Senate Judiciary Committee is scheduled to resume its mark-up of Arlen Specter's immigration bill today. And the good news is that it contains long-overdue provisions for hiring more of the foreign professionals who help keep our economy competitive.
Under Mr. Specter's proposal, the annual cap on H-1B guest worker visas for immigrants in specialty fields like science and engineering would rise to 115,000 from 65,000. Moreover, the new cap would not be fixed but would fluctuate automatically in response to demand for these visas. We don't think any cap is necessary. But if a Republican Congress feels it must impose one, the least it can do is let market forces have some say in the matter.
Another important reform addresses foreign students who want to work here after graduating from U.S. colleges and universities. It doesn't make a lot of sense in today's global marketplace to educate the best and brightest and then send them away to England or India or China to start businesses and develop new technologies for U.S. competitors. But that's exactly what current U.S. policy encourages by limiting the employment prospects of foreign students who would rather stay here.
Mr. Specter would let more foreign students become permanent residents by obtaining an advanced degree in math, engineering, technology or the physical sciences and then finding work in their field. It's unfortunate that the U.S. isn't producing more home-grown talent in these areas, and the fault there lies with our K-12 educators and their political backers who tolerate poor performance. The reality today is that the U.S. ranks sixth world-wide in the number of people graduating with bachelor's degrees in engineering. Jobs will leave the U.S. and our economy will suffer if bad policy limits industry's access to intellectual capital.
Anti-immigration groups and protectionists want to dismiss these market forces, arguing that U.S. employers seek foreign nationals only because they'll work for less money. But it's illegal to pay these high-skill immigrants less than the prevailing wage. And employers are required to document their adherence to the law.
According to a new study by the National Foundation for American Policy, our broken system for admitting foreign professionals also contributes to outsourcing. Since 1996 the 65,000 annual cap on H-1B visas has been reached in most years, sometimes only weeks into the new year. This leaves employers with the choice of waiting until the next fiscal year to hire workers in the U.S. or hiring people outside the country.
"Many companies concede," says the report, "that the uncertainty created by Congress' inability to provide a reliable mechanism to hire skilled professionals has encouraged placing more human resources outside the United States to avoid being subject to legislative winds." Last week computer maker Dell Inc. announced that it hopes to double its workforce in India to 20,000 within three years. There's another such announcement by some company nearly every day.
This weekend's big-city immigration demonstrations focused on the debate over the estimated 11 million illegals already in the country. But the U.S. labor market has also long been a magnet for highly skilled and educated foreigners, many of whom attend school in America at some time in their lives. In a world where these brains have more options than ever in Asia and Europe, we drive them away at our economic peril.
Kudos to IV for all their efforts!!
The Other Immigrants
March 27, 2006; Page A16
Lost in the heated debate about the future of millions of illegal laborers in the U.S. is that our system for admitting foreign-born professionals is also in tatters.
While globalization has increased the competition for international talent, U.S. businesses are frustrated by processing delays, long backlogs and especially the failure of Congress to increase the annual limits on visas for skilled immigrants. The Senate Judiciary Committee is scheduled to resume its mark-up of Arlen Specter's immigration bill today. And the good news is that it contains long-overdue provisions for hiring more of the foreign professionals who help keep our economy competitive.
Under Mr. Specter's proposal, the annual cap on H-1B guest worker visas for immigrants in specialty fields like science and engineering would rise to 115,000 from 65,000. Moreover, the new cap would not be fixed but would fluctuate automatically in response to demand for these visas. We don't think any cap is necessary. But if a Republican Congress feels it must impose one, the least it can do is let market forces have some say in the matter.
Another important reform addresses foreign students who want to work here after graduating from U.S. colleges and universities. It doesn't make a lot of sense in today's global marketplace to educate the best and brightest and then send them away to England or India or China to start businesses and develop new technologies for U.S. competitors. But that's exactly what current U.S. policy encourages by limiting the employment prospects of foreign students who would rather stay here.
Mr. Specter would let more foreign students become permanent residents by obtaining an advanced degree in math, engineering, technology or the physical sciences and then finding work in their field. It's unfortunate that the U.S. isn't producing more home-grown talent in these areas, and the fault there lies with our K-12 educators and their political backers who tolerate poor performance. The reality today is that the U.S. ranks sixth world-wide in the number of people graduating with bachelor's degrees in engineering. Jobs will leave the U.S. and our economy will suffer if bad policy limits industry's access to intellectual capital.
Anti-immigration groups and protectionists want to dismiss these market forces, arguing that U.S. employers seek foreign nationals only because they'll work for less money. But it's illegal to pay these high-skill immigrants less than the prevailing wage. And employers are required to document their adherence to the law.
According to a new study by the National Foundation for American Policy, our broken system for admitting foreign professionals also contributes to outsourcing. Since 1996 the 65,000 annual cap on H-1B visas has been reached in most years, sometimes only weeks into the new year. This leaves employers with the choice of waiting until the next fiscal year to hire workers in the U.S. or hiring people outside the country.
"Many companies concede," says the report, "that the uncertainty created by Congress' inability to provide a reliable mechanism to hire skilled professionals has encouraged placing more human resources outside the United States to avoid being subject to legislative winds." Last week computer maker Dell Inc. announced that it hopes to double its workforce in India to 20,000 within three years. There's another such announcement by some company nearly every day.
This weekend's big-city immigration demonstrations focused on the debate over the estimated 11 million illegals already in the country. But the U.S. labor market has also long been a magnet for highly skilled and educated foreigners, many of whom attend school in America at some time in their lives. In a world where these brains have more options than ever in Asia and Europe, we drive them away at our economic peril.
aksaharan
09-08 07:30 PM
Welcome aboard.. and please vote poll @ http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-gather-here-14.html
more...
lazycis
02-12 04:21 PM
My company is downsizing for sometime now...and I can be next.
In that case can I move to EAD in the given situation ( as above) ?
Of course you can move on EAD provided EAD is current.
In that case can I move to EAD in the given situation ( as above) ?
Of course you can move on EAD provided EAD is current.
foobar2001
11-14 02:17 PM
i am not a lawyer and may be mistaken, but i was told that if one's spouse is using EAD, then you must be in EAD status and cannot be in H1 status (since then dependent spouse would be in H4 status and cannot work).
Can anyone confirm this?
best,
-andy
Can anyone confirm this?
best,
-andy
more...
smartboy75
07-09 04:43 PM
Well the lawyer representing the new company believes that without a copy of 140
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
Why r u doing an h1 transfer ??? why can't u invoke AC21.....??
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
Why r u doing an h1 transfer ??? why can't u invoke AC21.....??
paskal
12-18 05:56 PM
bumping this back up
MN members, please post here and join us
we have only 9 people so far
there are surely more of us
MN members, please post here and join us
we have only 9 people so far
there are surely more of us
more...
blacktongue
01-17 10:03 AM
Indian farmer suicides rise to 17,000 a year - Yahoo! News (http://news.yahoo.com/s/afp/20110117/wl_sthasia_afp/indiafarmingsuicideroadaccident_20110117120832)
Sad shameful
Sad shameful
desi3933
02-23 11:44 AM
Hey,
Thanks for the response.
One quick clarification:
a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?
b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?
c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?
Again thanks guys! Have a great day...
Shivani :)
a) Your H1 will be exempt from quota.
b) Since you were on H1 status before, you can start working immediately after getting receipt for COS from H4 to H1.
c) Same as any H1 petition. Also, since this is COS, you must be in valid H4 status when COS to H1 is filed.
______________________
Not a legal advice.
US citizen of Indian origin
Thanks for the response.
One quick clarification:
a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?
b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?
c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?
Again thanks guys! Have a great day...
Shivani :)
a) Your H1 will be exempt from quota.
b) Since you were on H1 status before, you can start working immediately after getting receipt for COS from H4 to H1.
c) Same as any H1 petition. Also, since this is COS, you must be in valid H4 status when COS to H1 is filed.
______________________
Not a legal advice.
US citizen of Indian origin
burnt
06-24 10:50 AM
Even I have got same message yester day. But now it shows the package was delivered when i checked today morning.
I have one more question here. The I-765 and I-131 are two different post box numbers. we can send both applications to the same P.O.BOX or different. If we send two different P.O.BOX then both will reach to same P.O. BOX or different P.O.BOXs.
I-765
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
I-131
USCIS Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
Thanks
Send them in a different packet to separate post box numbers. Do NOT send in the same package. They will get another reason to delay your application processing.
On a separate note. This morning the USPS tracking says its delivered and signed for at 6:00 am this morning. :-)
I have one more question here. The I-765 and I-131 are two different post box numbers. we can send both applications to the same P.O.BOX or different. If we send two different P.O.BOX then both will reach to same P.O. BOX or different P.O.BOXs.
I-765
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
I-131
USCIS Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
Thanks
Send them in a different packet to separate post box numbers. Do NOT send in the same package. They will get another reason to delay your application processing.
On a separate note. This morning the USPS tracking says its delivered and signed for at 6:00 am this morning. :-)
gimme_GC2006
07-02 04:23 PM
they give a damn about it.
Why would people want to know what happened to people like us when they are busy watching coverage of what Paris hilton did in County jail.
Why would people want to know what happened to people like us when they are busy watching coverage of what Paris hilton did in County jail.
murugesh.naidu@gmail.com
09-03 10:45 AM
Well..I was just saying my friend is a devotee and it worked for him..i did not mean to imply positive or negative ideas about anyone's religious beliefs in whatever form..
Some one mentioned how lawyer screwed up and he landed in EB3... I am EB3 bcos my company does not do EB2s for developers...infact, I have never met anyone who they did an EB2 for. I guess its one of the banes of being in a big consulting firm, where they have to follow the letter of the rule to the T and cannot doctor the requirements of the job to the qualifications of the applicant. I infact managed 4 contractors, all EB2. Its both ironical and sad that how this system is mis-used.
Anyway..well, no worries - I believe if you believe in yourself and your abilities and God, everything will come to just fruition!
Some one mentioned how lawyer screwed up and he landed in EB3... I am EB3 bcos my company does not do EB2s for developers...infact, I have never met anyone who they did an EB2 for. I guess its one of the banes of being in a big consulting firm, where they have to follow the letter of the rule to the T and cannot doctor the requirements of the job to the qualifications of the applicant. I infact managed 4 contractors, all EB2. Its both ironical and sad that how this system is mis-used.
Anyway..well, no worries - I believe if you believe in yourself and your abilities and God, everything will come to just fruition!