agv
03-19 11:45 AM
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
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jasmin45
08-18 12:14 PM
EAD is not a valid status..just a document which provides you authorization to work in united states.
There isn't much information on your post to see what fees are you talking about you may have to break it down and see what is it all about.
There isn't much information on your post to see what fees are you talking about you may have to break it down and see what is it all about.
jsb
01-08 10:22 AM
Folks,
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
...
...
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
Whatever work related activities you do, including finding new clients, while employed, belongs to the employer (unless you have an agreement to the contrary, which you don't). Therefore, when you leave the employer, as per agreement you have, you can not take those clients with you.
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
...
...
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
Whatever work related activities you do, including finding new clients, while employed, belongs to the employer (unless you have an agreement to the contrary, which you don't). Therefore, when you leave the employer, as per agreement you have, you can not take those clients with you.
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jscris
July 18th, 2004, 10:43 AM
Nice! I think I like the second better, too.
more...
lagsam
12-17 04:09 PM
No.
We did not renew her I-94. She's my dependent and I'm EAD. She doen't even have an EAD, I haven't appllied for her yet.
Our I-94 are expired now and our AP too. If I need to travel, I will need to apply for a new AP.
BTW, we entered through Denver (DIA).
All you need is your passport and AP. That's all!!!!
You will be on a separate line and the immigration officer will ask you to go to a room and wait there while they verify your status. They will ask you questions to check if your anwers are consistent with your records.
We did not renew her I-94. She's my dependent and I'm EAD. She doen't even have an EAD, I haven't appllied for her yet.
Our I-94 are expired now and our AP too. If I need to travel, I will need to apply for a new AP.
BTW, we entered through Denver (DIA).
All you need is your passport and AP. That's all!!!!
You will be on a separate line and the immigration officer will ask you to go to a room and wait there while they verify your status. They will ask you questions to check if your anwers are consistent with your records.
Alabaman
08-28 05:06 PM
For example if the minimum requirements of the job is BS with little or no experience, you would be in an EB3 category, irrespective of whether you have a MS or a PhD.
I am a lil bit confused here. If there is a job that requires little or NO EXPERIENCE, would it be hard to find a US Citizen?
I am a lil bit confused here. If there is a job that requires little or NO EXPERIENCE, would it be hard to find a US Citizen?
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gtg506p
03-09 11:25 AM
Great. Can you give more details like:
1. What was your complaint basis?
2. Did you do DOL or lawsuit?
3. How long it took?
4. Did you get trouble from the desi emplyer?
Thanks
1. What was your complaint basis?
2. Did you do DOL or lawsuit?
3. How long it took?
4. Did you get trouble from the desi emplyer?
Thanks
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uma001
11-04 04:35 PM
From 1998 - till date, How many times EB3 priority dates were made current
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WillIBLucky
11-17 10:47 AM
MY intention was not to make this India Specific, but to bring to light the lobbying effort....Although the Bill is not passed....it is silently being pushed. The Immigration reform and SKILL is being touted and shouted abt so much, that it becomes a scare for congressmen to even touch it, let alone pass it.
We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi
The bill is passed by both the house now. All its needs is to reconsile by the commitee and its done for President's signature. This was priority for the President all the time since he announced in March 2006 in India. Ofsourse everthing needs lobbying. And IV, I think is doing its best in this regard.
I think we should stop responding to this thread and leave it as it is. I am Indian and I am happy for India that this deal is passed. Now lets concentrate on our major problem, "The Green Card". Hope you all understand that.
We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi
The bill is passed by both the house now. All its needs is to reconsile by the commitee and its done for President's signature. This was priority for the President all the time since he announced in March 2006 in India. Ofsourse everthing needs lobbying. And IV, I think is doing its best in this regard.
I think we should stop responding to this thread and leave it as it is. I am Indian and I am happy for India that this deal is passed. Now lets concentrate on our major problem, "The Green Card". Hope you all understand that.
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manfrmind
04-01 02:11 PM
Do you know which attorneys sent this E-mail? Can you please post those E-mails after removing personal details?
"===============================================
It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.
If travel is a must, it is advised to the employees to carry the following supporting documents:
1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
2. The usual check list for H stamping and employment verification at the US port of entry
The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
"===============================================
"===============================================
It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.
If travel is a must, it is advised to the employees to carry the following supporting documents:
1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
2. The usual check list for H stamping and employment verification at the US port of entry
The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
"===============================================
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tdasara
02-08 08:58 AM
L1A - Multinational managers
L1b - specialized foreign worker on intracompany transfer.
You again should be working overseas for your company to apply for this visa and to qualify for a GC you have to have documented proof that you worked 1 year overseas.
Most of us work for US companies who do not have branches overseas!
L1b - specialized foreign worker on intracompany transfer.
You again should be working overseas for your company to apply for this visa and to qualify for a GC you have to have documented proof that you worked 1 year overseas.
Most of us work for US companies who do not have branches overseas!
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Didiusthegreat
05-08 12:37 PM
funny score... :P
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gdilla
02-28 11:59 AM
I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
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gc_seeker_2001
02-04 12:39 AM
I did a bit more reasearch and found out that, I won't loose the EB3 priority date after the EB2 I-140 approval. I will have both options (EB3 & EB2) open. I will be able to use either of them depending upon what is current at that time.
more...
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binadh
07-05 10:20 AM
Hey Gurus,
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
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nixstor
10-24 03:33 PM
In my opinion its just one of the marketing gimmicks of Y! See how it works
http://news.yahoo.com/s/judy_woodruff/20060823/judy_woodruff/j_woodruff10015
Similar lines ask the white house program. many people in the forum sent Q's to USCIS director and he didnt chose even one Q about retrogression or labor situation etc..
http://news.yahoo.com/s/judy_woodruff/20060823/judy_woodruff/j_woodruff10015
Similar lines ask the white house program. many people in the forum sent Q's to USCIS director and he didnt chose even one Q about retrogression or labor situation etc..
more...
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humdesi
12-21 08:30 PM
If you were born in India, EB-2 or EB-3 doesn't matter.
Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.
Good luck!
Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.
Good luck!
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Aah_GC
06-25 06:21 PM
You are good to go. For your own satisfaction browse through some of the knowledge bank in this website and answers for similar queries.
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a1b2c3
10-02 11:24 AM
Dec Bulletin will see EB categories being opened up. Don't think there will be any change in Nov Visa bulletin.
Raj Iyer
09-13 12:45 PM
No., you do npot qualify for EB-2 Unless you do a 3 years MAsters from India or a 2 yrs Masters from a U.S. intitution.
ramhs
02-06 11:58 PM
First there is no concept of H1 Transfer. Your new employer applies for a new H1. You will not be counted towards the quota. The h4 is a derivative of your H1 and will need to be applied along with your h1 visa. It is fraud to use the old visa if you no longer work for that company and USCIS is very strict. If you are caught you will sent back at the poe and your H1 and her H4 will be cancelled and you guys will be in trouble. You will hear a lot of cok and bull my friend stories about how ppl have gotten through. The systems at the poe are no longer as primitive as you think and any discrepancy will result in denial of entry into the us. Contact a lawyer before doing any thing related to immigration. Hope this helps.
In 2004 when my spouse's H1 was transferred my H4 was not transferred as it was still valid. Two months later when my H4 expired we renewed it. Later we travelled to India in 2005, got both H1 and H4 stamped, returned without any questions being asked. I think for H4, the need for renewal comes when the I94 expires, not when the H1 is transferred, because the new I94 will also have same number if it had not expired .
In 2004 when my spouse's H1 was transferred my H4 was not transferred as it was still valid. Two months later when my H4 expired we renewed it. Later we travelled to India in 2005, got both H1 and H4 stamped, returned without any questions being asked. I think for H4, the need for renewal comes when the I94 expires, not when the H1 is transferred, because the new I94 will also have same number if it had not expired .
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