tinku01
07-15 02:33 PM
please give yr priority date and any one has idea when consulate issues the date my PD is June'2004 EB2 and file is with delhi consulate from Oct'2007. Lets see what happens now.
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Beta_mle
02-20 12:58 PM
Thanks for the replies, I appreciate the time.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
DallasBlue
09-26 09:14 PM
Check out the local chapter messages on how to call in.
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gcadream
03-04 08:24 AM
Thanks a lot Rakson for updating the forum with valuable question and answers with the lawyer. Really appreciate it !!
It cleared lot of my doubts as well but regarding point 'C'
[C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?]
I have heard lawyers saying in this forum itself that it can be a problem if the previous employer revokes the approved I-140, irrespective whether it was fraud or not. I don't have the links saved for that discussion, otherwise I would have pasted it.
But are you very sure about point 'C' that what ever ur lawyer said is correct and final ?
It cleared lot of my doubts as well but regarding point 'C'
[C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?]
I have heard lawyers saying in this forum itself that it can be a problem if the previous employer revokes the approved I-140, irrespective whether it was fraud or not. I don't have the links saved for that discussion, otherwise I would have pasted it.
But are you very sure about point 'C' that what ever ur lawyer said is correct and final ?
more...
keerthi
05-13 03:32 PM
Thanks again.
I will consider the L1-A during the re-filing. Any idea on how long it will take to get the petition approved if I re-file by this month?
The USCIS processing times indicate a 2 month backlog for I-129 petitions.
I will consider the L1-A during the re-filing. Any idea on how long it will take to get the petition approved if I re-file by this month?
The USCIS processing times indicate a 2 month backlog for I-129 petitions.
letstalklc
08-27 05:01 PM
Yes,
You are right...There is one case PD of Jan 2008 has been approved....No proper system exist at DOL....it's all fate......thats all I can say....
You are right...There is one case PD of Jan 2008 has been approved....No proper system exist at DOL....it's all fate......thats all I can say....
more...
FinalGC
11-06 11:43 AM
Here is a crutch for you.
You have an employee agreement which says that you will be paid health benefits. All you need to tell your Company A (if he comes after you), that you will report them to USCIS that you have exploited him and gave the wrong information before joining the company. This will prevent any desi..staffing company to advance to you, since all their future H1's will be heavily scrutinized and possibly his company will be shut down. He will have his own battle with USCIS. This will prevent him to come after you.
If I were you, I would have all kinds of written emails and documents ready for me to show the old employer that you have proof that the old employer was exploiting you.....I am sure you can come up with tons of things, like not paying on bench. Don't ever talk such matter, always write emails and ask feedback.
Email trails are the best way to keep all these staffing and desi companies at bay and prevent them from exploiting employees......I am speaking from experience buddy.....I had one guy after me and being a PM, by profession I saved all such email trails and he knew that. When I left him he gave me back the $11K, that he had taken from me illegally.
Yes, it is a good idea to spend 100-200 bucks with a reputed attorney like Murthy or Khanna or Shusterman to check your status before you jump. This will give you additional confidence to jump ship.
I get sad and angry at these desi employers who exploit their employees....I am sure some day they will reap what they have harvested....tears and pain of these exploited employees.....
My suggestion to my fellow colleagues is...those of have gone through this struggle...please do not become like them when you too come out of this GC maze.....
You have an employee agreement which says that you will be paid health benefits. All you need to tell your Company A (if he comes after you), that you will report them to USCIS that you have exploited him and gave the wrong information before joining the company. This will prevent any desi..staffing company to advance to you, since all their future H1's will be heavily scrutinized and possibly his company will be shut down. He will have his own battle with USCIS. This will prevent him to come after you.
If I were you, I would have all kinds of written emails and documents ready for me to show the old employer that you have proof that the old employer was exploiting you.....I am sure you can come up with tons of things, like not paying on bench. Don't ever talk such matter, always write emails and ask feedback.
Email trails are the best way to keep all these staffing and desi companies at bay and prevent them from exploiting employees......I am speaking from experience buddy.....I had one guy after me and being a PM, by profession I saved all such email trails and he knew that. When I left him he gave me back the $11K, that he had taken from me illegally.
Yes, it is a good idea to spend 100-200 bucks with a reputed attorney like Murthy or Khanna or Shusterman to check your status before you jump. This will give you additional confidence to jump ship.
I get sad and angry at these desi employers who exploit their employees....I am sure some day they will reap what they have harvested....tears and pain of these exploited employees.....
My suggestion to my fellow colleagues is...those of have gone through this struggle...please do not become like them when you too come out of this GC maze.....
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Roger Binny
07-25 04:42 PM
No idea what to say, yes they have all rights but doesn't this never ends?
Or Are these cases rare ?
Some one entered into US legally in 2001, slogged(ing) 8 or more years for GC...so 2009..then 5 more years for citizen ship so 2014....with this news it looks like they need to keep up the paper work and employer contacts for 12 years, as well the family need to realize that their stay in US is temporary ???
Oh my god too much of reality.
Or Are these cases rare ?
Some one entered into US legally in 2001, slogged(ing) 8 or more years for GC...so 2009..then 5 more years for citizen ship so 2014....with this news it looks like they need to keep up the paper work and employer contacts for 12 years, as well the family need to realize that their stay in US is temporary ???
Oh my god too much of reality.
more...
ganam
10-03 10:02 PM
Does anybody know in what order GC will be issueed ?
Is it based on priority date or just randomly ?
Is it based on priority date or just randomly ?
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jayleno
12-02 05:44 PM
For H-1 extension based on Labor, the filing date is considered. The filing date has to be more than 365 days.
I have a question..
Applying labor before 365 days of H1 expiry is enough
or
Approval of labor before 365 days of H1 expiry is required
for getting extension of 1 year on H1 visa ?
I have a question..
Applying labor before 365 days of H1 expiry is enough
or
Approval of labor before 365 days of H1 expiry is required
for getting extension of 1 year on H1 visa ?
more...
knowDOL
08-24 10:32 AM
These may be the GC visas issued from consulates in India. THere is one more list for AOS and the numbers for India for 2005 for 1st, 2nd and 3rd pref employment category are as follows.
6,336
16,687
23,250
http://travel.state.gov/pdf/FY05tableV.pdf
I dunno from where they come upwith number. From the same site look at this link
http://travel.state.gov/pdf/FY05tableI.pdf - This is given at foreign out post.
EB - 2001 2002 2003 2004 2005
43129 39289 29712 28624 21290
and compare with
http://travel.state.gov/pdf/FY05tableII.pdf
and compare with below data.
6,336
16,687
23,250
http://travel.state.gov/pdf/FY05tableV.pdf
I dunno from where they come upwith number. From the same site look at this link
http://travel.state.gov/pdf/FY05tableI.pdf - This is given at foreign out post.
EB - 2001 2002 2003 2004 2005
43129 39289 29712 28624 21290
and compare with
http://travel.state.gov/pdf/FY05tableII.pdf
and compare with below data.
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gcsim
06-12 10:11 AM
Hi All,
I'm planning to go to India for my first visa stamping in 3 yrs. Just wanted to know is it safe to go rite now will the cir on verge of being signed.
I'm planning to go to India for my first visa stamping in 3 yrs. Just wanted to know is it safe to go rite now will the cir on verge of being signed.
more...
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delhirocks
07-05 06:36 PM
First off, thanks for the response guys.
So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?
My take is that I-140 is a petition from the employer unlike I-485. I don't think its your right to get it if they do not want to give.
So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?
My take is that I-140 is a petition from the employer unlike I-485. I don't think its your right to get it if they do not want to give.
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vallabhu
11-13 04:47 PM
I asked her if it is change of address they sent she is not sure but she said usually it is the card when Current Status: is "Document mailed to applicant."
She put in a service request for me and she some one is going to contact me in 30 business days.
She put in a service request for me and she some one is going to contact me in 30 business days.
more...
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Roger Binny
04-06 01:14 AM
If your case is I-140 + I- 485 applied at the same time, then word on the street is they will process both at the same time rather than processing I140 first then wait for visa dates and process I485, hope you are already aware of this rumor/speculation or truth.
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rajpatelemail
12-15 09:31 AM
I am lil bit concerned how his spouse I485 eill be dealt.
With AC21/H1transfer , i guess her status is also fine.
With AC21/H1transfer , i guess her status is also fine.
more...
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radhagd
03-26 11:18 AM
Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
You should have 5 years experience after your Bachelor degree. Experience before degree will not be counted towards progressive experience. It happened in my case in Eb2 I140
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
You should have 5 years experience after your Bachelor degree. Experience before degree will not be counted towards progressive experience. It happened in my case in Eb2 I140
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mallu
06-07 04:09 PM
.
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noone2day78
02-15 01:17 PM
Hmm... I agree with : "Once you strart using EAD your H1 will be terminated."
what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."
You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.
hth!
ohh is this really true? can u specify a source for this ?
what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."
You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.
hth!
ohh is this really true? can u specify a source for this ?
amitjoey
02-01 04:45 PM
Congrats!
bkshres
01-23 04:21 PM
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
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