Marphad
03-29 11:12 AM
I will still wait for lawyer's opinion.
indio0617
12-07 09:56 AM
Hi,
I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.
I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.
If I change the employer, will I be subject to H-1 B visa quota restriction?
I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.
However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.
I would appreciate your advice very much.
Thank you always.
You will be counted against the cap when you move from a cap exempt (non -profit) to for profit. I was in a similar situation when i switched jobs few months ago. There were no H-1Bs left for the fiscal year. I thus switched from a non-profit to another non - profit.
I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.
I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.
If I change the employer, will I be subject to H-1 B visa quota restriction?
I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.
However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.
I would appreciate your advice very much.
Thank you always.
You will be counted against the cap when you move from a cap exempt (non -profit) to for profit. I was in a similar situation when i switched jobs few months ago. There were no H-1Bs left for the fiscal year. I thus switched from a non-profit to another non - profit.
jai_immigration
12-21 08:41 PM
NRI Investing in Stocks India:
Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.
I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.
Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.
I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.
saileshdude
08-21 12:25 PM
Stop spreading misinformation. Why do they have 1800 number if the have a same set of person sitting at the US CIS office and the reason why the 1800 ppl do not transfer every call to the US CIS is because they don't want to disturb them. It is exactly because of information like this that the processing is getting delayed. The official stance of the US CIS is that you should contact 1800 number, period. If you have a written/published link which says that the ppl sitting at the service center are NOT adjudicators and are there to provide status updates then kindly share otherwise please do not spread rumours. Further if the IIO are there to provide status updates then why all of a sudden they have stopped doing that?
Kamyab,
I think IIO and adjudicators are different people with different set of responsibilities. They may have some communication channel between them but I don't think you can equate adjudicator to IIO. This I know from one of the calls I made and was told that the 485 processing is handled by a 485 unit. Secondly however random and inefficient CIS's processing maybe, they are not dumb to waste resources who have been trained and skilled to adjudicate 485 application in answering customer calls, considering how much understaffed they have been and the volume of applications to be processed.
Kamyab,
I think IIO and adjudicators are different people with different set of responsibilities. They may have some communication channel between them but I don't think you can equate adjudicator to IIO. This I know from one of the calls I made and was told that the 485 processing is handled by a 485 unit. Secondly however random and inefficient CIS's processing maybe, they are not dumb to waste resources who have been trained and skilled to adjudicate 485 application in answering customer calls, considering how much understaffed they have been and the volume of applications to be processed.
more...
tuhin
07-16 01:36 PM
Thanks deecha.. I will keep the gang in loop... The future role will be of a chief architect. So I believe it is aligned with my current labor application. But can I even move using an EAD (hence dropping my H1) and then file my EB2 in the new company? The reason I am confused is, we used an H1 b visa to file the labor, not sure if a labor can be filed using an EAD.
gsc999
01-19 12:48 AM
Thanks to the members for volunteering. We have a decent number of people to put this event in place now.
more...
bluez25
07-16 04:24 PM
I did submit through mail when I applied last year and it took for ever. My personnel preference DO NOT try that option. They atleast need 45 to 60 days for the PCC to be issued.
shan74
10-23 11:36 AM
the problem is my company is not willing to give me any documents unless i loose my job. Also when you mentioned ASAP, do i have to get a job within # of days
any suggestions.
any suggestions.
more...
insbaby
07-17 11:01 AM
I recieved reply from consulate stating that I need to get PCC from US consulate as I have not being living in India for a long time therefore there is no use of getting PCC from local police station. Now anybody let me know if I fly to SFO they would give my PCC with in a day or would take time ??/
If you are holdng a Passport issued by other than SF Consulate:
* If applying at the counter in-person, 30 business days or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier
*If applying by mail, 30 business days, excluding time taken in mail, or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier.
As it takes around 30 business days to issue PCC, you must submit photocopy of passport at the time of applying. As soon as the clearance is received from the Passport Issuing Authority concerned, you will be called (provided you have mentioned your telephone number in the application) to submit your original passport for stamping of PCC.
If you are holdng a Passport issued by SF Consulate:
Applying in person: Same day or latest by the next working day
Applying by mail: 10 (ten) business days excluding the time taken in mail
http://cgisf.org/misc/miscservices.html
If you are holdng a Passport issued by other than SF Consulate:
* If applying at the counter in-person, 30 business days or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier
*If applying by mail, 30 business days, excluding time taken in mail, or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier.
As it takes around 30 business days to issue PCC, you must submit photocopy of passport at the time of applying. As soon as the clearance is received from the Passport Issuing Authority concerned, you will be called (provided you have mentioned your telephone number in the application) to submit your original passport for stamping of PCC.
If you are holdng a Passport issued by SF Consulate:
Applying in person: Same day or latest by the next working day
Applying by mail: 10 (ten) business days excluding the time taken in mail
http://cgisf.org/misc/miscservices.html
TeddyKoochu
09-25 11:30 AM
No worries,
go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)
in the above link go locating the following news line, read and enjoy
""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""
Thanks for this info once again ! I was able to read it. I hope its reality by year end. Giving you green.
go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)
in the above link go locating the following news line, read and enjoy
""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""
Thanks for this info once again ! I was able to read it. I hope its reality by year end. Giving you green.
more...
solaris27
03-13 08:32 AM
no its not true . I have Canada PR and to get citizenship u need to be in Canada for 3 years .
http://www.freewebdirectoryweb.com/
http://www.freewebdirectoryweb.com/
paskal
06-03 04:26 PM
numbers are critical to lawmakers and so...
don't think of this as spam!
if it was useless orgs like AILA, ALIPAC and NumbersUSA would not be bothering with webfaxes to lawmakers.
the legislative staff bunch them together and gauge the numbers of people interested in a particular provision or specific relief. therefore the emalils and the webfaxes, even though they have standard language are critical.
As for including every single provision and relief in the webfax, this would not work. It has to be concise and specific with some core issues highlighted- remember iv works with major lobbying firms and certainly has input from people with a lot of experience. Webfaxes and e mails do buy access though for our core team and lobbyists and highlight our issue. Once that is achieved we have a much better chance of getting friendly amendments with various different kinds of relief- including things not specifically mentioned in the webfax itself.
Having said this, it does not stop members from ALSO writing individual e mails to lawmakers highlighting our problems in your own language. I have done so myself and had very encouraging success in getting specific personal responses from the staff of some lawmakers. You all know who friendly senators are, write to them specifically by all means highlighting your individual problems, end my mentioning iv and it's work for skilled immigrants. I even posted the iv message at the end of my personalized e mails.
Please send the iv web fax and e mails and do make the additional efforts as well. and don't forget to contribute...
don't think of this as spam!
if it was useless orgs like AILA, ALIPAC and NumbersUSA would not be bothering with webfaxes to lawmakers.
the legislative staff bunch them together and gauge the numbers of people interested in a particular provision or specific relief. therefore the emalils and the webfaxes, even though they have standard language are critical.
As for including every single provision and relief in the webfax, this would not work. It has to be concise and specific with some core issues highlighted- remember iv works with major lobbying firms and certainly has input from people with a lot of experience. Webfaxes and e mails do buy access though for our core team and lobbyists and highlight our issue. Once that is achieved we have a much better chance of getting friendly amendments with various different kinds of relief- including things not specifically mentioned in the webfax itself.
Having said this, it does not stop members from ALSO writing individual e mails to lawmakers highlighting our problems in your own language. I have done so myself and had very encouraging success in getting specific personal responses from the staff of some lawmakers. You all know who friendly senators are, write to them specifically by all means highlighting your individual problems, end my mentioning iv and it's work for skilled immigrants. I even posted the iv message at the end of my personalized e mails.
Please send the iv web fax and e mails and do make the additional efforts as well. and don't forget to contribute...
more...
Ann Ruben
03-30 07:27 AM
The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1 RCRD)
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.
Hope this helps.
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.
Hope this helps.
lostinbeta
10-03 12:03 PM
I don't use Actions unless I write them myself. Sometimes I don't feel like doing effects over and over so I write the action and use that.
Styles are great and you can come up with some really nice effects with them.... like in my phio miral wallpaper right eilsoe:)
Styles are great and you can come up with some really nice effects with them.... like in my phio miral wallpaper right eilsoe:)
more...
panini
06-11 03:48 PM
If you have not been to Canada or lived in Canada since your landing I would assume that your Canadian PR would have been automatically cancelled because of the 3 years out of 5 years rule.
I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
logiclife
03-18 02:21 PM
H.R.133 : To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens.
Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (5)
That law is unconstitutional. INA doesnt say that everyone born in United States is a citizen. Even the Constitution says that. To deny birth-right citizenship to anyone (children of legal or illegal residents) would require constitutional amendment.
Constitutional amendment is not a joke. This bill is a rhetorical statement, not an intent to legislate it.
Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (5)
That law is unconstitutional. INA doesnt say that everyone born in United States is a citizen. Even the Constitution says that. To deny birth-right citizenship to anyone (children of legal or illegal residents) would require constitutional amendment.
Constitutional amendment is not a joke. This bill is a rhetorical statement, not an intent to legislate it.
more...
Ann Ruben
06-22 12:10 PM
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
forgerator
11-08 05:14 PM
How many similar positions are in the company? is this the current position you are in, if yes you can not use experience with your employer even in future for this position.
In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o
yes I am in this current position. Let's see how it goes. The lawyer is evaluating it right now.
My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)
In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o
yes I am in this current position. Let's see how it goes. The lawyer is evaluating it right now.
My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)
Xipe Totec
09-14 04:02 PM
I just _have_ to ask: what game was that?
mhathi
02-03 05:10 PM
Tomplate,
My lawyer had also asked me to keep 485 receipt and EAD with me, but I was not asked to show anything but my passport and the AP documents. They did not even ask for 485 receipts.
Unfortunately I know this does not answer your question fully, but hope it helps even if a bit!
My lawyer had also asked me to keep 485 receipt and EAD with me, but I was not asked to show anything but my passport and the AP documents. They did not even ask for 485 receipts.
Unfortunately I know this does not answer your question fully, but hope it helps even if a bit!
nashim
04-07 02:55 PM
thanks gcisadawg,
