eager_immi
02-01 07:40 AM
Why do people do this every month DOL, USCIS, president and no one can predict this, so what is the point?
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Mirage_GC
06-23 05:18 PM
I fully respect that retrogression and per country limits are bad for us and the US economy as the first and the foremost of H1B issues.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
tnite
06-25 07:10 AM
Hello All,
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
Unless you dont have credit($$$$) to pay your lawyer then it will impact AOS.
LOL
It has no impact.
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
Unless you dont have credit($$$$) to pay your lawyer then it will impact AOS.
LOL
It has no impact.
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skarthy
11-27 04:41 PM
Hi ,
My wife is in this situation where she would like to travel to Canada to see her sister.
We applied for 485 and have got out EAD( did not apply for AP, thinking of appying now.)
She has a H1B stamping from her old employer's H1, valid till 2009. She moved to a new company and the H1 there is pending.
Can she travel to Canada and comeback showing her old stamping ?
Are we abandoning the current H1 if we go out while its pending ?
She just wants to see her sister and they wont let them visit either. :(
Thanks a bunch for your time.
My wife is in this situation where she would like to travel to Canada to see her sister.
We applied for 485 and have got out EAD( did not apply for AP, thinking of appying now.)
She has a H1B stamping from her old employer's H1, valid till 2009. She moved to a new company and the H1 there is pending.
Can she travel to Canada and comeback showing her old stamping ?
Are we abandoning the current H1 if we go out while its pending ?
She just wants to see her sister and they wont let them visit either. :(
Thanks a bunch for your time.
more...
JA1HIND
02-14 03:31 PM
I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling.
Please advise.
Since you have already applied for your extension & I think you should be fine until 240 days beyond your current H1 expiry date. I filed my H1(8th year) ext on Oct 21st, 2007 and got my approval notice via mail directly to my employer on Jan 31st. Useless online status still shows "Case received and pending"...:D
Relax man you will get it, its just a matter of time and looks like your are still in their normal processing time frame.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling.
Please advise.
Since you have already applied for your extension & I think you should be fine until 240 days beyond your current H1 expiry date. I filed my H1(8th year) ext on Oct 21st, 2007 and got my approval notice via mail directly to my employer on Jan 31st. Useless online status still shows "Case received and pending"...:D
Relax man you will get it, its just a matter of time and looks like your are still in their normal processing time frame.
sw33t
10-10 04:55 PM
/\/\
Bump if you are going to dial-in.
Bump if you are going to dial-in.
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vdlrao
01-03 11:38 PM
This is Krishna doing Master's Tennessee State University as a full time student. My I-20 got expired on 12-17-08 but I noticed on 01-02-09. My International advisor told me that I am out of status and I need to apply for reinstatement to USCIS and I am not eligible to work. The process takes 60-120 days. My questions are
1) Do they approve this kind of applications?
2) I will get a case number after applying USCIS. Am I eligible to work (I am working as a Graduate Teaching Assistant) once I get the case number? Or Do I need to wait until the case resolved?
The mistake was done because I was planning to graduate in December and I filled the intend to graduate form too. But it got delayed as I didn't have enough data and I was busy in working on my thesis and research in November and December.
Please help me with this issue.
Thank you
---------------
Please suggest what he needs to do.
Thanks,
Vdlrao
1) Do they approve this kind of applications?
2) I will get a case number after applying USCIS. Am I eligible to work (I am working as a Graduate Teaching Assistant) once I get the case number? Or Do I need to wait until the case resolved?
The mistake was done because I was planning to graduate in December and I filled the intend to graduate form too. But it got delayed as I didn't have enough data and I was busy in working on my thesis and research in November and December.
Please help me with this issue.
Thank you
---------------
Please suggest what he needs to do.
Thanks,
Vdlrao
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minimalist
10-11 09:53 AM
HI Folks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
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GoneSouth
07-27 11:02 AM
LAMP - Calgary. Also, some financial analysts are predicting that the $CDN will actually be worth *more* than the $US by the end of 2007.
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NYImmigrant
12-08 01:10 PM
wow... $4 doesn't make anyone's blood boil. Only if USCIS had paid a little more, may be my case would be approved long time ago.
What say...
What say...
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rams75
09-29 11:49 AM
Switch from Adjustment of Status (AOS) to Consular Processing. The caveat is you lose your EAD and will have to wait for your PD to be current before you can work in the US again. Unless you get a new H1 and want to start over!
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sona75
07-28 09:48 AM
I am on EAD. my priority date is Oct 2003 EB3.
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
more...
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kaisersose
03-18 12:50 PM
I think my employer is not willing to sponsor the process due to some reasons.
Is there any other way of processing the Green card.Can i initiate it myself along with a lawyer
The only way you can make use of the fast track option available for L-1A visas is through your L employer. There is no other way.
One other option is to get a H-1b through a different employer who is also willing to sponsor a GC.
A sleazy option is to find one of those green card shops who will sponsor your GC for future employment in exchange for a fee. You can continue with your current L employer and your GC will continue through Mr Sleaze. Obviously this is abusing the system, but you would be surprised to know how many are doing it.
Note that both these options are not fast track. You will have to go through the full process and wait time.
Is there any other way of processing the Green card.Can i initiate it myself along with a lawyer
The only way you can make use of the fast track option available for L-1A visas is through your L employer. There is no other way.
One other option is to get a H-1b through a different employer who is also willing to sponsor a GC.
A sleazy option is to find one of those green card shops who will sponsor your GC for future employment in exchange for a fee. You can continue with your current L employer and your GC will continue through Mr Sleaze. Obviously this is abusing the system, but you would be surprised to know how many are doing it.
Note that both these options are not fast track. You will have to go through the full process and wait time.
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newuser
10-07 03:52 PM
Thanks for the info.
Any info if the last name is not the same of that my uncle's.
Any info if the last name is not the same of that my uncle's.
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donsimahajan
06-22 09:27 AM
totally agreed.
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hsrandhawa2007
05-15 01:55 PM
Hi ,
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
more...
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webm
05-13 10:54 AM
I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
__________________
How come EB3 India, PD Jul 2003 (NSC) got approved?? Am i missing here??
__________________
How come EB3 India, PD Jul 2003 (NSC) got approved?? Am i missing here??
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gcadream
05-03 10:55 AM
Thanks a lot for the update !!
Really appreciate it.
My problem is in few days the date for visa appointment will be open i.e Jun-13 and I will be booking for that date. I'm flying on Jun-10 so I'm left with exactly 5 weeks, in this time will I be able to get the new LCA and amended H1 ?
Really appreciate it.
My problem is in few days the date for visa appointment will be open i.e Jun-13 and I will be booking for that date. I'm flying on Jun-10 so I'm left with exactly 5 weeks, in this time will I be able to get the new LCA and amended H1 ?
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zamoo
09-29 11:48 AM
If you indeed resign, there can be trouble..."luck factor" might pay a role.
But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.
Now, if your employer is a small place, then its all "it depends" thing...
Good luck...see to it that you don't extreme measures unless absolutely needed.
But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.
Now, if your employer is a small place, then its all "it depends" thing...
Good luck...see to it that you don't extreme measures unless absolutely needed.
probe
09-04 02:25 PM
Some had mentioned in immigration forums that you might be grilled with questions during naturalization process if you had changed employer as soon as you got your GC.If you are not planning for naturalization I assume you are fine.
A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.
A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.
kaisersose
07-17 09:35 PM
Your lawyer is correct and so you are fine. There is no requirement that 140 has to be complete to apply for 485 even in substitution cases. People just choose to do it that way as substitution is slightly risky.
However, as long as you have a solid case, there is nothing to worry.
However, as long as you have a solid case, there is nothing to worry.
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