summitpointe
01-31 02:02 PM
There is a high possibility that you will get an RFE and you will need to reply for the RFE.
Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.
Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.
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pt326bc
09-23 09:19 AM
Man why you need reciepts?
For most purposes of contact with USCIS you don't need the original receipts.
The only exception is the time when you travel if your AP is pending. You would need to have a valid visa stamp (H1/H4/L1 or whatever) and the ORIGINAL receipt notice.
As far as the lawyer saying that the original receipt notice being property of the employer; that would only happen if the lawyer is on the payroll of your employer and the employer is paying for the whole process.
If you have an independent lawyer and you are paying him, the AOS/EAD/AP notices are your property (if you can use that term).
I think legally the employer might refuse to give you the original notice for H1B or LCA or maybe I 140 but you can always get them using FIFO.
Of course you would have to insist on the original H1B notice if you are going for visa stamping though.
Again this is not legal advice, just my 2 cents as I am not a lawyer.
Regards.
For most purposes of contact with USCIS you don't need the original receipts.
The only exception is the time when you travel if your AP is pending. You would need to have a valid visa stamp (H1/H4/L1 or whatever) and the ORIGINAL receipt notice.
As far as the lawyer saying that the original receipt notice being property of the employer; that would only happen if the lawyer is on the payroll of your employer and the employer is paying for the whole process.
If you have an independent lawyer and you are paying him, the AOS/EAD/AP notices are your property (if you can use that term).
I think legally the employer might refuse to give you the original notice for H1B or LCA or maybe I 140 but you can always get them using FIFO.
Of course you would have to insist on the original H1B notice if you are going for visa stamping though.
Again this is not legal advice, just my 2 cents as I am not a lawyer.
Regards.
LegallyGC
07-27 09:56 AM
1. Try to convince that new employer (B) that you have a vast experience and have already filed GC under EB-2, so it wouldnt be difficult to apply again under EB-2. Tell them you will use your own attorney (Like Mrs. Murthy) to file EB-2. They might change their view
2. If they dont agree and If you really feel this is the job of your dream then go for new job and dont think..
3. But if you think that this is just a small "upgrade" to your current job in terms of growth and money then stay where you are.
4. Because if ur new company applies for GC u will have a priority date of 2010 or 2011 EB-3. And even if ur wife applies next year for her GC thru employer whom she is yet to find, her priority date will be 2011 or even 2012 EB2. Both these options will take u 6-10 years down the GC pipelile... which is not so good..
5. You will get ur GC with current priority dates in 2011 or worst case 2012. Your wife will get GC too.. so no worries and both can work multiple jobs and make money..
Good luck with ur choice..
2. If they dont agree and If you really feel this is the job of your dream then go for new job and dont think..
3. But if you think that this is just a small "upgrade" to your current job in terms of growth and money then stay where you are.
4. Because if ur new company applies for GC u will have a priority date of 2010 or 2011 EB-3. And even if ur wife applies next year for her GC thru employer whom she is yet to find, her priority date will be 2011 or even 2012 EB2. Both these options will take u 6-10 years down the GC pipelile... which is not so good..
5. You will get ur GC with current priority dates in 2011 or worst case 2012. Your wife will get GC too.. so no worries and both can work multiple jobs and make money..
Good luck with ur choice..
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jkays94
04-13 09:56 AM
I agree with gc_check this would avoid people getting into GC line in front of people have been waiting for years. Where is the link to submit comments?
Here you go, you can use this as a draft and keep the relevant parts of the comments or adjust accordingly : http://capwiz.com/aila2/issues/alert/?alertid=8652851
Here you go, you can use this as a draft and keep the relevant parts of the comments or adjust accordingly : http://capwiz.com/aila2/issues/alert/?alertid=8652851
more...
greencardvow
08-03 07:23 PM
Please close this thread.
sanin
01-16 05:51 PM
Hi,
I was working with company A since June to Dec 07. and Now I got offer with company B which they are filing my H1 transfer.
but i dont have the last 2 months (Nov & Dec) paystubs from company A (have paystubs from June to Oct). because my employer always give me latest 2 months the paystubs but i have proof of Bank Acccount mentioning the payroll information in bank account for month of Nov & Dec 07.
So does the Bank Account statement will be valid for H1 transfer ?
Please reply me ASAP.
sanin.
I was working with company A since June to Dec 07. and Now I got offer with company B which they are filing my H1 transfer.
but i dont have the last 2 months (Nov & Dec) paystubs from company A (have paystubs from June to Oct). because my employer always give me latest 2 months the paystubs but i have proof of Bank Acccount mentioning the payroll information in bank account for month of Nov & Dec 07.
So does the Bank Account statement will be valid for H1 transfer ?
Please reply me ASAP.
sanin.
more...
roseball
07-12 04:29 PM
Mine was an e-filing. However my FP scheduling was quite weird.
I had my FP scheduled for 11/13
but my Card Production was Ordered on 11/12
I still went ahead and gave my FP on 11/13.
Thanks gc28262.
Is there anyone who e-filed their EAD renewal at TSC during May time frame. It would be helpful if you can tell me how long it took for approval. TIA.
I had my FP scheduled for 11/13
but my Card Production was Ordered on 11/12
I still went ahead and gave my FP on 11/13.
Thanks gc28262.
Is there anyone who e-filed their EAD renewal at TSC during May time frame. It would be helpful if you can tell me how long it took for approval. TIA.
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flexi
04-03 02:41 PM
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
Thanks a lot!
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
Thanks a lot!
more...
hopeful08
04-21 02:19 PM
I wanted to inform the community that our GC is finally approved... I just checked my email hoping against hope that I might see some good news and good news is what I saw...
This is a tremendous relief to us.
They have approved and ordered card production to myself and my spouse. But looks like they have not approved our son's GC. Hope they don't delay that last piece of processing any longer.
Good luck to everybody else and hope you all the best.
Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.
This is a tremendous relief to us.
They have approved and ordered card production to myself and my spouse. But looks like they have not approved our son's GC. Hope they don't delay that last piece of processing any longer.
Good luck to everybody else and hope you all the best.
Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.
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newbie2020
05-18 07:42 AM
This one is an earlier bills introduced earlier ,This is similar to the bills being discussed
http://thomas.loc.gov/cgi-bin/query/D?c110:1:./temp/~c110j4GOX5::
Since the text of this bill is similar to other bill should we try to get these law maker's support.
http://www.house.gov/apps/list/press...vatorsAct.html
KENNEDY AND MCCAUL ANNOUNCE “NEW AMERICAN INNOVATORS ACT”
(Washington, DC) - Congressman Patrick J. Kennedy (D-RI) and Congressman Michael McCaul (R-TX) announced the introduction of the New American Innovators Act. The New American Innovators Act would exempt foreign students receiving Ph.D.’s from accredited, American universities from numerical immigration limits.
“The New American Innovators Act takes the best and the brightest and moves them to the front of the green card line,” said Congressman Patrick Kennedy. “The global competition for talent is getting fiercer with each passing year. Although we already have the most talented workforce in the world, we cannot sit idly by while other countries work to attract the best international talent – especially when those individuals have been educated in our universities. The New American Innovators Act targets the cream of the crop. These are individuals who will generate breakthroughs, start businesses, create jobs, and ultimately help to drive our economic growth for years to come. It is absurd that we would spend time and money educating them only to force them to go to our economic competitors, even if they want to stay.”
“We need to ensure that U.S. employers continue to create and stay on the ‘cutting-edge’ of the global market,” stated Congressman Michael McCaul. “I am proud to work across the aisle in a bipartisan fashion to co-introduce this bill with Congressman Kennedy that will add to America’s economic strength by offering increased access to the best talent, no matter where they may be born. These individuals are the best and the brightest, having graduated from U.S. universities with doctorate degrees and are already present and working in America. These professionals add to our prosperity, by making enormous contributions to our economy. The last thing we want to do is force them to leave the country. ”
“We must continue to be committed to ensuring U.S. employers have the talent necessary to compete worldwide. Without the ability to retain them, we risk losing these hard-working, valued workers, who we have spent an enormous amount of funds training and educating to our national competitors abroad.”
http://thomas.loc.gov/cgi-bin/query/D?c110:1:./temp/~c110j4GOX5::
Since the text of this bill is similar to other bill should we try to get these law maker's support.
http://www.house.gov/apps/list/press...vatorsAct.html
KENNEDY AND MCCAUL ANNOUNCE “NEW AMERICAN INNOVATORS ACT”
(Washington, DC) - Congressman Patrick J. Kennedy (D-RI) and Congressman Michael McCaul (R-TX) announced the introduction of the New American Innovators Act. The New American Innovators Act would exempt foreign students receiving Ph.D.’s from accredited, American universities from numerical immigration limits.
“The New American Innovators Act takes the best and the brightest and moves them to the front of the green card line,” said Congressman Patrick Kennedy. “The global competition for talent is getting fiercer with each passing year. Although we already have the most talented workforce in the world, we cannot sit idly by while other countries work to attract the best international talent – especially when those individuals have been educated in our universities. The New American Innovators Act targets the cream of the crop. These are individuals who will generate breakthroughs, start businesses, create jobs, and ultimately help to drive our economic growth for years to come. It is absurd that we would spend time and money educating them only to force them to go to our economic competitors, even if they want to stay.”
“We need to ensure that U.S. employers continue to create and stay on the ‘cutting-edge’ of the global market,” stated Congressman Michael McCaul. “I am proud to work across the aisle in a bipartisan fashion to co-introduce this bill with Congressman Kennedy that will add to America’s economic strength by offering increased access to the best talent, no matter where they may be born. These individuals are the best and the brightest, having graduated from U.S. universities with doctorate degrees and are already present and working in America. These professionals add to our prosperity, by making enormous contributions to our economy. The last thing we want to do is force them to leave the country. ”
“We must continue to be committed to ensuring U.S. employers have the talent necessary to compete worldwide. Without the ability to retain them, we risk losing these hard-working, valued workers, who we have spent an enormous amount of funds training and educating to our national competitors abroad.”
more...
meg_z
11-22 09:29 AM
A friendly reminder: please do grammer and spelling checks before sending. Thanks.
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bmoni
12-22 08:32 PM
Have any one changed employer right after I-140 approval.
Please post your experience
Please post your experience
more...
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binadh
10-02 11:22 AM
Are there any new updates? My case was filed in Jun 07, responded to the query in NOV 07, and it is still pending?
What the &*^% is going on? !!@$%ing DOL.
:mad:
What the &*^% is going on? !!@$%ing DOL.
:mad:
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kapilgogia
03-17 07:00 PM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
more...
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thescadaman
08-10 03:52 PM
I joined IV in the 3rd week of July 2007 when I was randomly searching for information. I did my first one time contribution right on the day the great news was released on 17th July. I have started my $50 monthly starting August 2007.
I would like to mention, what made me believe that IV Core was doing a great job and that it was worth contributing was that IV Core took a lot of risk(credibility) and posted critical news well before it came on any other website. It was like; they had all the scoop before it hit mainstream lawyers or AILA websites sometimes even before it came on USCIS official website (FAQ 3)!
This shows that IV Core has got a lot stronger and they indeed are in close contact with USCIS and that with the enough funds and enough support they will surely make things happen!
Way to go IV Core!
I would like to mention, what made me believe that IV Core was doing a great job and that it was worth contributing was that IV Core took a lot of risk(credibility) and posted critical news well before it came on any other website. It was like; they had all the scoop before it hit mainstream lawyers or AILA websites sometimes even before it came on USCIS official website (FAQ 3)!
This shows that IV Core has got a lot stronger and they indeed are in close contact with USCIS and that with the enough funds and enough support they will surely make things happen!
Way to go IV Core!
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amitjoey
02-03 07:52 PM
Hi EveryOne,
I got my Green card in mail yesterday.
Thanks.
Congrats!!
I got my Green card in mail yesterday.
Thanks.
Congrats!!
more...
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mnkaushik
06-04 06:05 PM
Yes BC stands for Birth Certificate. I saw this text in the VFS site for us consulate under Required Documents
For parents visiting a child resident in the US:
If child is an Indian citizen.
a. Childs�s original birth certificate.
b. Photocopy of all pages of child�s passport.
c. Where the US visa of child has expired, photocopy of the renewed petition required.
d. Where child is a legal permanent resident in USA, photocopy of the green card (front and back) is required.
If child is a U.S. citizen.
a. Photocopy of bio-data page of US passport or photocopy of Naturalization Certificate.
So is this requirement only when ur sponsoring ur parents?
For parents visiting a child resident in the US:
If child is an Indian citizen.
a. Childs�s original birth certificate.
b. Photocopy of all pages of child�s passport.
c. Where the US visa of child has expired, photocopy of the renewed petition required.
d. Where child is a legal permanent resident in USA, photocopy of the green card (front and back) is required.
If child is a U.S. citizen.
a. Photocopy of bio-data page of US passport or photocopy of Naturalization Certificate.
So is this requirement only when ur sponsoring ur parents?
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GC_1000Watt
12-04 06:12 PM
1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.
2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)
3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.
4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.
5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.
It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.
Thanks for sharing your experience. I will get back to you if I will have any further questions.
2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)
3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.
4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.
5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.
It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.
Thanks for sharing your experience. I will get back to you if I will have any further questions.
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EndlessWait
05-01 12:09 PM
If old I-140 has not been revoked, you are entitled to the old PD.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
binadh
10-15 03:23 PM
Just gotta call from the lawyer's office. PERM is approved today after more than 15 months. :D
Still waiting for the physical letter to arrive -- We'll see how many more hurdles are there. I'm just glad that I don't have to deal with DOL.
Original filing - Jun 17th 07
Query response - Nov 2nd 07
Approved - today
Filed at Atlanta service center
EB2 ROW
Thanks.
Still waiting for the physical letter to arrive -- We'll see how many more hurdles are there. I'm just glad that I don't have to deal with DOL.
Original filing - Jun 17th 07
Query response - Nov 2nd 07
Approved - today
Filed at Atlanta service center
EB2 ROW
Thanks.
RSM1444
10-14 04:29 PM
Spring 2010 (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201004&RIN=1615-AB82)
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