manderson
10-29 02:03 PM
stylepoet, while I don't speak for the core-group, I think I represent the majority when I say this: Realistically speaking, if you plan to stay in the US for a very long term and want to do so without any visa hassles (or kids aging out issues that you mentioned), then getting a Green Card (GC) is the best way to go, instead of jumping around non-immigrant visas. And if u r financially capable of being an E2 why not just file for a EB5 GC (which is way faster than EB2 and EB3 these days -- please check out this site for more info)? Sure, there is a difference in the minimum investment reqs. E2 = 200K+ and EB5 = 500k. But if you have lived here for a couple of years (assuming this from the implication that your kids recently turned 21 or are going to turn 21) surely you can makeup the 300k difference. No?
Please feel free to educate if I am out of line here.
Please feel free to educate if I am out of line here.
wallpaper General Grievous,
uimv
03-14 12:08 PM
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
solaris27
10-01 09:11 AM
yes and yes
2011 menacing General Grievous
mbartosik
04-10 09:32 PM
I posted a few days ago here
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
more...
hebbar77
02-12 05:27 PM
Thanks! Hope all will do it.
I guess most of us dont want to take the pain of "mailing the letters"
How abt someone obtains online authorization to mail letters on members behalf.
I mean members authorize mailing a letter on their behalf by IV.
!?
Question is asked when they sign in... or login to the website!
I guess most of us dont want to take the pain of "mailing the letters"
How abt someone obtains online authorization to mail letters on members behalf.
I mean members authorize mailing a letter on their behalf by IV.
!?
Question is asked when they sign in... or login to the website!
Suva
01-19 10:43 AM
I saw two similar cases in my organization.
One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.
One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.
more...
krchowdary
01-18 03:17 PM
we are all once H1b holders
2010 General Grievous: grievous4
Lisap
08-28 11:59 AM
If you stopped payment on individual checks (My banks charges $30 for each check stoppage) it would have been denied eventhough USCIS tried to cash it (instantly as it is electronic transaction).That you received receipt notices means, the checks went through, and your application is considered properly filed.
If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.
Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!
I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.
I actually did a stop payment on the checks (they were personal checks) and was charged the 30/ per check. I did the stop payment on the 14th of Aug. At the bank they were able to see that uscis had not tried to cash the checks as of yet. We managed to get the stop payment reversed so I guess we wait and see now!
Now that I do have receipts- should I go ahead and stop payment on the 2nd set??
If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.
Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!
I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.
I actually did a stop payment on the checks (they were personal checks) and was charged the 30/ per check. I did the stop payment on the 14th of Aug. At the bank they were able to see that uscis had not tried to cash the checks as of yet. We managed to get the stop payment reversed so I guess we wait and see now!
Now that I do have receipts- should I go ahead and stop payment on the 2nd set??
more...
imind
03-12 03:37 PM
If anybody who already done/experienced any of above cases, please advise on all above quetions with all options/possibilities. Your great experience helps lot of people like me. Please advise.
Thanks.
Thanks.
hair choice: Grievous wallpaper
Kitiara
10-17 05:10 AM
I've got one of Sephiroth and Vincent too somewhere... I'll dig it out. :)
more...
veerkar
10-02 01:37 PM
You can apply. Depends on type of loan. May not require a cosigner also. Enjoy US free market economy.
hot baton General Grievous,
nilcritz
12-15 09:43 AM
Add one from Austin.
more...
house Grievous Wallpaper by
sjhugoose
February 20th, 2004, 07:39 AM
Steven,
Referb 1Ds at $5200 your credit card finger getting itchy?
:D
Referb 1Ds at $5200 your credit card finger getting itchy?
:D
tattoo General Grievous ( Ahsoka
factoryman
02-09 07:46 PM
Feel free to use this material and beat the efforts to snatch unused EB3 visas. Demand that these be allocated to all retrogressed categories.
U.S. Plan to Lure Nurses May Hurt Poor Nations
As the United States runs short of nurses, senators are looking abroad. A little-noticed provision in their immigration bill would throw open the gate to nurses and, some fear, drain them from the world's developing countries.
............
The exodus of nurses from poor to rich countries has strained health systems in the developing world, which are already facing severe shortages of their own. Many African countries have begun to demand compensation for the training and loss of nurses and doctors who move away.
....................
Public health experts in poor countries, told about the proposal in recent days, reacted with dismay and outrage, coupled with doubts that their nurses would resist the magnetic pull of the United States, which sits at the pinnacle of the global labor market for nurses.
..............
Removing the immigration cap, they said, would particularly hit the Philippines, which sends more nurses to the United States than any other country, at least several thousand a year. Health care has deteriorated there in recent years as tens of thousands of nurses have moved abroad. Thousands of ill-paid doctors have even abandoned their profession to become migrant-ready nurses themselves, Filipino researchers say.
................
Holly Burkhalter, with Physicians for Human Rights, an advocacy group, said the nurse proposal could undermine the United States' multibillion-dollar effort to combat AIDS and malaria by potentially worsening the shortage of health workers in poor countries. "We're pouring water in a bucket with a hole in it, and we drilled the hole," she said.
LINK at NYTIMES.COM (http://www.nytimes.com/2006/05/24/world/americas/24nurses.html?ex=1171170000&en=5f216b04314ec71c&ei=5070) (requires free registration)
U.S. Plan to Lure Nurses May Hurt Poor Nations
As the United States runs short of nurses, senators are looking abroad. A little-noticed provision in their immigration bill would throw open the gate to nurses and, some fear, drain them from the world's developing countries.
............
The exodus of nurses from poor to rich countries has strained health systems in the developing world, which are already facing severe shortages of their own. Many African countries have begun to demand compensation for the training and loss of nurses and doctors who move away.
....................
Public health experts in poor countries, told about the proposal in recent days, reacted with dismay and outrage, coupled with doubts that their nurses would resist the magnetic pull of the United States, which sits at the pinnacle of the global labor market for nurses.
..............
Removing the immigration cap, they said, would particularly hit the Philippines, which sends more nurses to the United States than any other country, at least several thousand a year. Health care has deteriorated there in recent years as tens of thousands of nurses have moved abroad. Thousands of ill-paid doctors have even abandoned their profession to become migrant-ready nurses themselves, Filipino researchers say.
................
Holly Burkhalter, with Physicians for Human Rights, an advocacy group, said the nurse proposal could undermine the United States' multibillion-dollar effort to combat AIDS and malaria by potentially worsening the shortage of health workers in poor countries. "We're pouring water in a bucket with a hole in it, and we drilled the hole," she said.
LINK at NYTIMES.COM (http://www.nytimes.com/2006/05/24/world/americas/24nurses.html?ex=1171170000&en=5f216b04314ec71c&ei=5070) (requires free registration)
more...
pictures General Grievous by
gc_kosam
06-02 04:11 PM
Thanks
What is the basis for the answers? Please provide some reference.
I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe
Guru's can some one give your thoughts to my 2 question (here I am posting my 1st post again for the reference):
My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My queries are
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application
2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.
What is the basis for the answers? Please provide some reference.
I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe
Guru's can some one give your thoughts to my 2 question (here I am posting my 1st post again for the reference):
My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My queries are
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application
2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.
dresses (MySpace a place for friends)
imm_check
11-06 05:06 PM
Thanks to one and all for your feedback....i shall wait for some more days before talking to USICS
Hi All,
I got an update from my companies lawyer that my daughters application was returned as the cheque was not signed...I have a couple of questions to authenticate what she told me...
1. Could some one let me know what happens when 485 or any application is sent back. Do they send a notice why they sent it back?
2. Would USICS accept those applications again?
3. What is the time period they give for a response in a situation like mine?
4. What is the ramification of a application submission at a later date than that of the main application to USICS.
Thanks...
Hi All,
I got an update from my companies lawyer that my daughters application was returned as the cheque was not signed...I have a couple of questions to authenticate what she told me...
1. Could some one let me know what happens when 485 or any application is sent back. Do they send a notice why they sent it back?
2. Would USICS accept those applications again?
3. What is the time period they give for a response in a situation like mine?
4. What is the ramification of a application submission at a later date than that of the main application to USICS.
Thanks...
more...
makeup General Grievous 2 by
immi_2006
02-13 10:35 AM
My 485 receipt Date is July 5, 2007. Today i got a mail saying they have sent an RFE on my 485 App. It could be for Original Employment Letter as i sent a copy of the letter.
FYI my PD is Sep, 2006 EB2 India
FYI my PD is Sep, 2006 EB2 India
girlfriend #39;PrEpArE#39; - General Grievous
dilipb
02-09 09:56 PM
PD should be current at the date of approval too.
Are you sure about this statement?
Can some more experienced members can back the above line.
Because as per current slow trend PD is never ever going to be current!
Are you sure about this statement?
Can some more experienced members can back the above line.
Because as per current slow trend PD is never ever going to be current!
hairstyles general grievous wallpaper.
devikas81
07-05 09:58 AM
I am on the similar situation. can i have your email add..
Thanks,
Thanks,
americandesi
05-19 09:19 AM
According to murthy, several of these cases were tied to companies that are under fraud investigations
MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)
MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)
slowwin
04-16 09:30 AM
For whatever reason, your record is tainted. This will also comeback to bite you later (AOS ). my suggestion is to get a legal opinion from a lawyer who practices both criminal and immigration law.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
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