Friday, June 24, 2011

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  • glus
    03-19 11:31 AM
    GC is for future employment but I-140 is not GC. I-485 is Adjustment of status to Permanent resident (GC).
    If you leave the company prior I-140 approval. I-140, I-485, EAD & AP are canceled.
    If your I-140 is approved and I-485 is pending for more than 180 days, then and only then, you can switch company using AC21 while still keeping your I-485 pending.
    Mind you, I-140 is not your application, it is employers!

    See my previous statement. There is nothing in the law that states one needs to 'work' for a company when I140 is being processed. Period.

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  • sledge_hammer
    02-09 03:44 PM
    Please keep this thread alive ...

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  • samsanju.corp
    01-08 02:10 AM
    Interview date 9th dec 2009
    Submitted all documents 10th dec 2009 as mentioned below:-

    1) Petitioner's Federal Income Tax returns
    2) Petitioner's state unemployment wage reports for last 4 quarters.
    3) Letter from end client in US on letterhead indicating your services are expected.
    4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
    5) Copy of contract between petitioner and contracting company with detailed job itinerary.

    Till date I together with my employer have written 6 emails but there is no response.
    I personally visited mumbai Consulate information center but they did't ave me any answer.

    Can anyone please tell me how long this whole process will take?

    Is there any chance that such case goes into endless loop?

    My house and all belongings are in U.S. and I am clueless as what to do

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  • bigtime008
    07-18 01:41 PM
    I don't think it's going to work again plus its only going to annoy people at USCIS as they have to assign someone to accept and trash those flowers.

    Atlanta PERM Center belongs to DOL not USCIS


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  • ns33
    03-18 04:22 PM
    Answers below:

    1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
    2. I have used AC21 before. Have not done EAD renewal yet.

    Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
    Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
    If you have a good suggestion/solution please PM me.
    PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.

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  • wandmaker
    11-18 10:37 AM
    shutterbabe: Prior to July fiasco, EAD is issued after regular FP; but I have not heard of separate FP to process EAD for Paperfiling cases. If you (have) efile(d) your AP, you will get a separate notice to FP for EAD without that your EAD will not be issued. I would advise you to take an inforpass appointment and discuss with I/O. At the worst case, you have them open a SR and take it from there.


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  • gapala
    02-26 01:24 PM
    This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.

    This is just my understanding. Check with a attorney to get precise information.

    This is what my attorney has said too. I will double check with my employer attorney as well.

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  • GC_dd
    10-15 02:19 PM
    I was on L1 got h1b and started working for h1b employer in Oct 2007. meanwhile my wife and kid traveled to India and in Chennai consulate got 221g for latest salary slips in April 2008. in 2 weeks they got h4 stamped. after one year I traveled to India in July 2009 and got h1b stamped.


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  • yabadaba
    07-23 09:52 AM
    ne thots from core?

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  • paskal
    04-09 08:38 PM
    once you use EAD- for fellowship
    you cannot be on an H1 from moonlighting.

    if your wife is with a reputable firm, i would imagine the risk is low with an approved 140

    i would ask a good attorney though.


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  • Aah_GC
    06-19 07:51 PM
    If I were you, I would look for opportunities that fall in line with your GC labor. System Analyst and Project Manager don't really go well together, leave alone the SOC codes. Your PD also seems to be quite close (relatively speaking).

    If anything try to negotiate your external title with your prospective employer.

    Good luck, can understand your frustration.

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  • 90210
    05-10 08:13 PM
    I-140 approved, and more than 6 months since 485 application.

    I just used my AP. Now can I change the employer on H1? I am hearing something that the latest I-94(that I got at POE last week) has my status as AOS, so the H1 transfer may not be possible. Is this true?

    I am sure lot of the people has the same question. Can some clarify?


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  • paskal
    12-19 04:55 PM
    midwest folks- where are you
    please post your availability
    the more the merrier....

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  • ashkam
    08-17 11:36 AM

    How many years do they renew the license based on I-485 receipt at Malvern DMV?


    For renewal they did not even ask me for any documentation. Renewed online, went to DMV and got it for 4 years.


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  • gc_lover
    06-25 03:02 PM
    It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

    What are my options here? Does anyone has faced such a situation?

    Wow... You have a great over-enthusiast lawyer. People try to push their lawyer to file their application but looks like your lawyer pushed you to file your application. :)
    You can always file new application on July 1st.

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  • Jerrome
    02-20 05:47 PM
    This will definitly help guys if they see some number crunching like the one i see below.

    Category Per Year Quota Per Country Quota Actual Primary Applicant Number of Estimated applicants Number anticipated Years
    Percentage Values 7% 48% 2001 2002 2003 2004 2005 2006 Total
    EB2 40000 2800 1344 1000 1000 5000 10000 10000 16000 43000 31.99404762
    EB3 40000 2800 1344 10000 16000 16000 16000 16000 16000 90000 66.96428571

    You can also Quote this in the home page of IV for people to see.


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  • amulchandra
    01-16 08:19 PM
    I have applied for an H1b transfer with out paystubs. I am eligible to work from oct 1st 2007. But in my case too I did not get any project as a consultant but got 2 fulltime direct job offers. I accepted one. I stared working for them from the day they filed my transfer with USCIS. The problem is that I did not receive any receipt notice but today when I went online and checked my old approved H1b I see a message that on JAN 16 th 2008 we approved your petition and sent you an approval notice. So can anyone tell me what is this?Should I assume that my H1b transfer got approved?

    Thank you very mcuh for your inputs.


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  • Canuck
    02-03 01:50 AM

    The country listed here is country of citizenship. We all know though that GCs are granted based on country of birth. Thus, there may be even more people charged to India than listed. Conversely, you may have a couple of Indian citizens who were not born in India that will fall in the ROW category...

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  • pappu
    01-21 11:54 PM
    i cud tell my frnds in diffrnt uni's about it to spread the message in thier ISA
    Thanks. Any little help from any member is useful in this effort. Imagine the sumtotal of all efforts if every member helps us in some way or another!

    08-14 03:37 PM
    I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.

    Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.

    04-12 03:13 PM
    Ya, it is my first extension

    sent RFE asking that Client letter on the original letter head.
    which I couldnt get, but sent the vendor letter stating my duties and date from which started working etc even the copy of the client badge with photo on it is attached in reply to RFE.

    But Its denied thats is not enough to prove that you are working at that client place and location. and it seems the employer i.e my h1 company is just token employer.

    but I know the clock started from 31st march am in out of status.

    will i able wipe out out of status as it effect in future ?

    does MTR works or do I need to the appeal ?

    What are chances of my transfer ?

    Please gurus advise?


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