cam23
06-24 08:44 PM
Hi All
I worked for a company A till July 2006. Company A had applied for my Green Card using RIR process. I got my Labor certification approved and company A applied for I-140.
In August 2006 company B acquired company A. Company B moved me to a different physical location and different state.
Company B amended my I-140 application filed by Company A to preserve the priority date. Now company B is planning to file I-485 for this ongoing I-140 application.
My Questions:
Is there any risk for I-140 application since company B amended I-140 application filed by Company A?
I am asking so as company B moved me to a different state and labor used to file amended I-140 was based on company A and its location.
I worked for a company A till July 2006. Company A had applied for my Green Card using RIR process. I got my Labor certification approved and company A applied for I-140.
In August 2006 company B acquired company A. Company B moved me to a different physical location and different state.
Company B amended my I-140 application filed by Company A to preserve the priority date. Now company B is planning to file I-485 for this ongoing I-140 application.
My Questions:
Is there any risk for I-140 application since company B amended I-140 application filed by Company A?
I am asking so as company B moved me to a different state and labor used to file amended I-140 was based on company A and its location.
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redcard
09-18 11:37 AM
Dear Friends,
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
If you have done your FP twice.. you need to have fun, relax and forget about 45 day letter.. you passed that stage long time back.. this is basically for people who have labor certification pending with BEC.. just in case you don't know what BEC is.. its the Back Log Elimination Center set up to clear labor applications filled under the old system�.. and in case you don't know what the old system is ...........ok� its $5 for every further clarification..
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
If you have done your FP twice.. you need to have fun, relax and forget about 45 day letter.. you passed that stage long time back.. this is basically for people who have labor certification pending with BEC.. just in case you don't know what BEC is.. its the Back Log Elimination Center set up to clear labor applications filled under the old system�.. and in case you don't know what the old system is ...........ok� its $5 for every further clarification..
dan19
02-15 11:24 AM
Any idea?
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beautifulMind
11-25 05:36 PM
The only difference is if you work for the univ on a cap exempt H1b and than transfer to industry on a cap H1b then you would have to go through the lottery or masters quoto whatever applies...however there is a loophole in this and I have read somewhere that when you apply for a transfer for a cap exempt to cap subject USCIS have goofed up and let it go through
more...
moonrah
07-26 07:06 PM
any input or help please?
Blog Feeds
09-07 07:00 PM
What a shameful story. DOJ announcement on the indictment of six individuals (http://www.nytimes.com/2010/09/04/us/04trafficking.html) for engaging in a conspiracy to commit forced labor and document servitude. The charges arise from the defendants� alleged scheme to coerce the labor and services of approximately 400 Thai nationals to work on U.S. farms.
The Justice Department announced that a federal grand jury in Honolulu
indicted Mordechai Orian, an Israeli national; Pranee Tubchumpol, Shane Germann and Sam
Wongsesanit of Global Horizons Manpower Inc., located in Los Angeles; and Thai labor
recruiters Ratawan Chunharutai and Podjanee Sinchai for engaging in a conspiracy to commit
forced labor and document servitude. The charges arise from the defendants� alleged scheme tocoerce the labor and services of approximately 400 Thai nationals brought by the defendants to the United States from Thailand from May 2004 through September 2005 to work on farms
across the country under the U.S. federal agricultural guest worker program. Orian, Tubchumpol and Chunharutai are also charged with three substantive counts of compelling the
labor of three Thai guest workers.
If convicted, Orian and Tubchumpol each face maximum sentences of 7 0 years in prison,
Chunharutai faces a maximum sentence of 65 years in prison, Germann and Wongsesanit each face a maximum sentence of 10 years in prison, and Sinchai, who was recently charged in Thailand with multiple counts of recruitment fraud, faces a maximum sentence of five years in prison if convicted in the United States.
Instead of achieving the American dream, the workers arrived into an American nightmare. This company forced them to live groups of men in labor camps, charging each of them thousands of dollars and forbidding them from living off company grounds. Instead of permanent residency and green cards, the workers received temporary, ten-month H-2B guest worker visas, which allow no path to more permanent status. And since H-2B visas bind workers to a single employer, company answered workers� complaints with threats of deportation. Such acts are in contrary to the spirit of the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html) and we call for harsh punishment for these individuals.
More... (http://www.visalawyerblog.com/2010/09/h2b_visa_attorney_972010_six_p.html)
The Justice Department announced that a federal grand jury in Honolulu
indicted Mordechai Orian, an Israeli national; Pranee Tubchumpol, Shane Germann and Sam
Wongsesanit of Global Horizons Manpower Inc., located in Los Angeles; and Thai labor
recruiters Ratawan Chunharutai and Podjanee Sinchai for engaging in a conspiracy to commit
forced labor and document servitude. The charges arise from the defendants� alleged scheme tocoerce the labor and services of approximately 400 Thai nationals brought by the defendants to the United States from Thailand from May 2004 through September 2005 to work on farms
across the country under the U.S. federal agricultural guest worker program. Orian, Tubchumpol and Chunharutai are also charged with three substantive counts of compelling the
labor of three Thai guest workers.
If convicted, Orian and Tubchumpol each face maximum sentences of 7 0 years in prison,
Chunharutai faces a maximum sentence of 65 years in prison, Germann and Wongsesanit each face a maximum sentence of 10 years in prison, and Sinchai, who was recently charged in Thailand with multiple counts of recruitment fraud, faces a maximum sentence of five years in prison if convicted in the United States.
Instead of achieving the American dream, the workers arrived into an American nightmare. This company forced them to live groups of men in labor camps, charging each of them thousands of dollars and forbidding them from living off company grounds. Instead of permanent residency and green cards, the workers received temporary, ten-month H-2B guest worker visas, which allow no path to more permanent status. And since H-2B visas bind workers to a single employer, company answered workers� complaints with threats of deportation. Such acts are in contrary to the spirit of the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html) and we call for harsh punishment for these individuals.
More... (http://www.visalawyerblog.com/2010/09/h2b_visa_attorney_972010_six_p.html)
more...
ramaonline
01-12 12:56 AM
eb2 requires bachelors plus 5 years experience or masters plus 0 years
the experience must be gained prior to joining the gc filing employer if presently working for that employer
The job description determines the EB2 eligibility - what are the requirements mentioned on the job desc?
the experience must be gained prior to joining the gc filing employer if presently working for that employer
The job description determines the EB2 eligibility - what are the requirements mentioned on the job desc?
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salvador marley
04-29 05:01 PM
only two replies makes it a bad stamp - it should be removed
more...
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.
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signin241
07-25 09:24 AM
Thanks for the responses. I have all the documents in place and also the recent paystubs of my present employer.
more...
kevnss
04-03 12:11 PM
Great, thanks for the clarification.
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voldemar
01-17 01:50 PM
I think the ability to get an emergency 90 day EAD at the local field offices if they delayed more than 90 days is still there as it is there on the USCIS web page. No???
No. There is no more equipment to produce EAD at local centers. All they do - send a request to USCIS office to expedite EAD adjudication.
No. There is no more equipment to produce EAD at local centers. All they do - send a request to USCIS office to expedite EAD adjudication.
more...
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lvinaykumar
04-11 05:25 PM
if that is true. then some ppl i know are in trouble. Where did you find this information....
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ss_col
04-18 01:04 PM
I know but if it is implemented how would it affect my situation?
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Buickkadar
05-12 11:36 AM
Thank you Oos. Very useful information.
Thank you so much again.
Regards,
Buickkadar
Thank you so much again.
Regards,
Buickkadar
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lok
01-16 02:04 PM
I have a friend in South Asia who wants to accept credit card payments for his website. There is no way for him to link paypal or any payment gateway to his bank account. I'm in the US with an H1B and I know i'm not allowed to start a business or even have a merchant account since this qualifies as active investing.
Is there anyway I can help him? I'm not interested in making any money off of this.
I know I could open a paypal account and point it to my bank account. That way, as long as the transactions are < $20000/yr , it won't be reported to the IRS and all I have to do is pay tax on the interest from my bank account. What could be potential problems with this approach? If this is illegal, I would refrain from doing it.
Can someone suggest a better way? My friend is willing to pay part of the transaction fees to whatever service he has to use.
Is there anyway I can help him? I'm not interested in making any money off of this.
I know I could open a paypal account and point it to my bank account. That way, as long as the transactions are < $20000/yr , it won't be reported to the IRS and all I have to do is pay tax on the interest from my bank account. What could be potential problems with this approach? If this is illegal, I would refrain from doing it.
Can someone suggest a better way? My friend is willing to pay part of the transaction fees to whatever service he has to use.
more...
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laborinbacklog
12-16 10:58 AM
Dont we need to go to the home country for transfering from H4 to F1? Can we do it by staying in the US itself?
Thanks
we did it in Jan, 06 ....it looks 1.5 Month
Thanks
we did it in Jan, 06 ....it looks 1.5 Month
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sd1020
02-26 02:11 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
Thank you very much.
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mr_aryan
10-19 02:31 PM
Thanks all you for the time in sharing the info.
Usually Airlines ground staff provide the wheel chair assistance(some r good & some not).
I was concerned about them getting out during stopover in London & Immmigration /Customs, Baggaige claim & taking TRAIN in ATL airport .
Usually Airlines ground staff provide the wheel chair assistance(some r good & some not).
I was concerned about them getting out during stopover in London & Immmigration /Customs, Baggaige claim & taking TRAIN in ATL airport .
minimalist
01-11 05:26 AM
I probabably know the answer of this question but would still like to confirm, just to be sure:
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
Meaning 6 yrs from 1st US entry subtracting the time you are out of USA for vacaion.
Meaning Sep 2011, if you were out of USA only for a month.
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
Meaning 6 yrs from 1st US entry subtracting the time you are out of USA for vacaion.
Meaning Sep 2011, if you were out of USA only for a month.
justice4all
08-31 12:29 PM
Hi,
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
Hello,
Sorry I cant give you suggestions since I am not there yet. But I have a question,
Can we file I140 through NIW in EB3 ?? It doesnt require an EB2.
thanks
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
Hello,
Sorry I cant give you suggestions since I am not there yet. But I have a question,
Can we file I140 through NIW in EB3 ?? It doesnt require an EB2.
thanks
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