Saturday, June 18, 2011

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  • eb3retro
    04-15 08:40 AM
    Hello,

    You have no idea how I am desperate and will appreciate your help.

    I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.

    The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.

    My only visa has really been revoked so I really overstayed 7 months.

    Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.

    Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.

    Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?

    Thanks a lot for your advises

    i am pretty sure you wont find any advice for illegal activities here in IV. Here you will see only law abiding LEGAL highly skilled immigrants discussing their issues. Before anyone I will show you the door out of IV, if you want advice for breaking the law.





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  • wandmaker
    02-26 05:37 PM
    wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .

    What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .

    I know every one wants to help others in our community but think twice before replying

    I see the good intentions of your statement. Not sure, whether you really got what I really wanted to convey to to OP. Giving 1% of benefit of doubt based on (2), I was trying to find out

    (1) The reason for amendment denial
    (2) Whether the employer is exploiting him due to his ignorance
    (3) Whether the employer is abusing the immigration system.

    BTW, Dig through my posts on this thread and other - You will realize that I'm against everyone who abuses the system.





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  • phillyag
    07-20 02:09 PM
    As my employer wants it - only apply 90 days prior to H1 expiration.
    This situation can lead me into limbo state. EAD pending and H1 expired !
    What would happen then ?





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  • dval_dpal
    12-27 02:21 PM
    hello guys...

    i'm about to spend 180k to open a business in month or so....am i eligible for this?

    thank you for your inputs..



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  • qualified_trash
    12-01 05:47 PM
    You cannot apply the extension for 3yrs with new employer as your labor and i140 are tied to old employer.

    this info is incorrect. from a murthy chat transcript...... available at :

    http://www.murthy.com/chatlogs/ch102306_P.html

    Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.

    Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.





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  • kshitijnt
    07-17 01:00 PM
    I am confused with regards to AOS Vs. CP and which one to choose.

    My visa status is L1B with Company A and my green card for future employment is with Company B.

    Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.

    IF I choose CP, what are the steps after I140 approval?
    How hard is it to switch from AOS to CP or vice- versa?
    What are the pros and cons for AOS Vs CP?

    I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!

    I initially chose CP on my form but now going to file 485. You can switch it either way

    Switching from CP to AOS:
    Just file 485, nothing else needs to be done. No need (as of now), to wait for I140 approval. If you do not switch to AOS downside is you cant make use of attorney certified I140 and must make appointment through consular process.

    Switching from AOS to CP:
    I140 must be approved. Then you need to file I824. Once I824 receipt notice is received, you can talk to the consulate and schedule an appointment. No need to go through NVC. However, if you have already filed 485, it will be abandoned, at the least all the money paid for it, you have to pay for visa again & travel cost to your home country.



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  • srkamath
    07-12 08:52 PM
    Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june. On july 7th our application was approved and today we recieved our EAD cards. I was expecting a one year extension , which is until 10/01/2009. But USCIS send us ead cards that will expire on 01/01/2009.

    What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?

    Service center is nebraska

    Just wondering - it may mean that the USCIS expects to finish processing your case by then !!!!!!





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  • sledge_hammer
    02-07 04:07 PM
    Take the poll people ...

    Thanks!



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  • continuedProgress
    04-19 02:21 PM
    Since its rare for a denial to automatically turn into an approval. :)
    Do you care to share what you had to do?





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  • imh1b
    02-04 03:45 PM
    How did you celebrate?
    What are your changed plans now in life?



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  • immi_seeker
    07-16 07:46 PM
    ^^





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  • BharatPremi
    03-17 02:35 PM
    You cant just divide 500000 by 3. The numbers are not same for all categories.

    Eb1-3 all are granted 28% and I am assuming there as equal number of applications in each category though it would not be the case in reality but I was just giving a crude math example.This 500000 load was from EB1/2/3 only.In reality it is more scary for EB2/3 India particular last july filing as most filings should have been from EB2/3- China and India considering the H1 arrivals from these 2 countries during the year 2003-7. And yet in that example I did not mirror USCIS's limits such as 7%, load from previous filing which is not yet clear. Bottom line EB2 with 2004 PD will have to see a long road before becoming current.



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  • LostInGCProcess
    03-03 11:24 AM
    I did AC21 from a Consulting company into a big financial company and moved using EAD. My old employer requested USCIS to revoke my 140 and as a result I got a NOID from USCIS asking details of new employment. I gave the details and my case processing resumed.

    AC21 issues can be resolved. So don't worry about it.

    Chanduv23, When you moved to another employer, did they give you a permanent offer letter for your GC process that you would attach with the Ac21 documents or did you use the employment letter that they gave for joining the new company?? Am I confusing you? I meant to ask, since GC is for future employment, did thay give you a separate employment letter for the future job?





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  • nayekal
    08-18 05:12 PM
    Guys,
    I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.

    So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
    She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.



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  • WaitingYaar
    10-02 08:17 AM
    This is how PD and RD work.
    ASSUME ALL ARE EB3

    Mr. A PD JULY 2004 RD MARCH 2005(1)
    Mr B PD FEB 2004 RD DECEMBER 2005 (2)
    MR C PD JAN 2003 RD JANAURY 2006 (3)

    USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
    IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
    If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
    If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
    If visa bulletin date is August 2004 "Mr A would get GC first"

    In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.


    What about if PD is current, and your RD is outside their normal processing time. If you do not see any LUD change, what does this mean?





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  • sri1309
    12-16 06:27 AM
    I know it may be tough and there is a good chance for things to worsen for most here.
    I am not sure why we dont have IV Action Item on Writing to Obama and the campaign planned.
    Please act before it gets worse. If you are in job, just imagine what it would be if for some reasons you loose it. Will you act then?.
    IV Core, please do somehting fast..



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  • h1bemployee
    02-25 06:20 PM
    You need to provide more details on bold words from your post. If you really need pointers from IV members.

    in the intial offer letter ,they said they are going to pay 58k... and my job title was also different in the offer letter.

    As the client is paying very low billing rate .... they said they need to change the LCA showing less salary(less than 58k)





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  • vagish
    04-18 11:13 PM
    --
    Patience my lovelies. This may be the calm before the storm, who knows.
    Per some news report, a debate has been scheduled on Senate floor to debate a comprehensive immigration reform bill during last two weeks of May'07

    the other immigration bills are introduced by republicans, not with democratic support, so those bills are going no where. Only hope is STRIVE!!

    thanks





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  • dan19
    10-18 12:22 PM
    One of my friends got a similar one. In that case the DOL pointed to one another candidate(say Mr.A's) who applied for the same job, and was more qualified than my friend in terms of years of experience. The DOL asked why Mr.A wasn't hired.

    My friend's company sent a new letter to Mr.A asking whether he was still available. Mr.A did not reply back.

    Since Mr.A did not reply back, the company understood that Mr.A is no longer interested in the job.

    The company then sent back the rebuttal stating the new efforts made.
    The DOL then approved:) the case.


    I received a letter from BEC and it says
    This Notice of Findings is the Department’s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?





    BimmerFAn
    05-29 09:34 AM
    I am posting this so that others may benefit from my experience and also not repeat the same mistakes that I made.

    I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
    It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.

    To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.

    The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.

    Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.

    Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.

    Applied for a Waiver with the DOS: 4/22/10
    Received by DOS: 4/30/2010
    Response: Favorable Recommendation 05/04/2010
    Received by the USCIS @ VSC: 05/07/2010
    Waiver Approved by USCIS: 05/15/2010
    H1-B Filed under PP with the USCIS: 05/07/10
    H1-B Received by the USCIS: 05/11/10
    Decision: H1-B Approved 05/25/10





    WillIBLucky
    12-22 01:48 PM
    I did not say that you cannot. I only said if the previous I140 was revoked due to fraud by USICS then you cannot port the PD to your new application.

    Yes even if the I140 is cancelled by previous employer but was clean then you can still use the PD with your new application.
    Check in the Sheela murthy chat session dated : December 18, 2006 and search for "my employer cancels I-I40?"

    Looks like we can port the priority date ..., even our employers cancels I-140....



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