kopguy
05-12 06:56 PM
My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.
Thanks
Thanks
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mrsr
07-07 10:20 PM
How one can help him, what should we do?
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09-11 01:01 AM
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akred
07-25 02:40 AM
Go ahead and start the process if the company is willing to do it. Ultimately, the DOL, not the employer, will decide whether to deny the LC, certify it or sit on it for 5 years before certifying it.
more...
bodhi_tree
12-15 11:20 AM
I think I'll try to find a knowledgeable lawyer who's not too snooty. Someone better than my current company's lawyer who happens to think all information to me should be provided only on a need to know basis..I am in Cincinnati Ohio so please recommend if you know any good names..
I also have an approved I140 with my current company ....can it be used to get a 3 year term when the H1 is transferred ? I still have about 2 years left on my original 6 year term..Thankyou
I also have an approved I140 with my current company ....can it be used to get a 3 year term when the H1 is transferred ? I still have about 2 years left on my original 6 year term..Thankyou
perm2gc
08-14 03:34 PM
Mr.Bush when you will think of US other than cubans and mexicans..:confused: :confused: :confused: :confused: :confused: :confused: :confused:
more...
amulchandra
05-11 10:41 AM
Hi all,
Thank you very much. We finally succeeded but got appointments on different dates. The mistake we made was we tried to choose the option - group appointment for co-workers/family members. But when we called VFS customer support they told us that we cannot get a group appointment because we have 2 H1bs and 2 H4s. It seems that group appointment is possible only when all in the group are either H1bs or one is h1b and rest all are H4s.
We wasted a lot of time trying to get a family appointment. But the funny thing is that it allowed us both H1bs to enter separate petition details for the same appointment but did not allow us to get the dates.
Hope this helps others who are trying to get group h1b and h4 appointments.
Thank you once again
Amul
Thank you very much. We finally succeeded but got appointments on different dates. The mistake we made was we tried to choose the option - group appointment for co-workers/family members. But when we called VFS customer support they told us that we cannot get a group appointment because we have 2 H1bs and 2 H4s. It seems that group appointment is possible only when all in the group are either H1bs or one is h1b and rest all are H4s.
We wasted a lot of time trying to get a family appointment. But the funny thing is that it allowed us both H1bs to enter separate petition details for the same appointment but did not allow us to get the dates.
Hope this helps others who are trying to get group h1b and h4 appointments.
Thank you once again
Amul
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ChainReaction
04-02 04:09 PM
If an RFE has been issues, it will show up on the USCIS case status website when you type in your receipt number.
Thanks a_yaja for UR reply :)
Thanks a_yaja for UR reply :)
more...
munnu77
04-16 01:53 PM
Both of us work in the energy (electricity) industry.
then..wont be a problm..make sure u get a good deal before u move..
then..wont be a problm..make sure u get a good deal before u move..
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qualified_trash
12-15 01:48 PM
My lawyer had the following lines on this issue:
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
LOL!!!
that is just your lawyer's way of sugarcoating the fact that you are screwed if you are from India. the 3 yr extension is available to everyone.
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
LOL!!!
that is just your lawyer's way of sugarcoating the fact that you are screwed if you are from India. the 3 yr extension is available to everyone.
more...
Madhuri
06-05 11:02 AM
My I-140 case status (NSE) used to say 150-180 days, now no more time line words in the status. Just they say they will notify you when decision is made, I thought that was because I 140 premium is coming soon, they changed the wording.
Did anyone notice the change in the wording on I-485 adjustment of status? It used to say that it takes between 850 and 900 days to process this type of request. Now it just says that the will notify you when a decision has been made. This change was just made in the last week or two. Curious.
Did anyone notice the change in the wording on I-485 adjustment of status? It used to say that it takes between 850 and 900 days to process this type of request. Now it just says that the will notify you when a decision has been made. This change was just made in the last week or two. Curious.
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Templarian
08-27 01:47 PM
I leave it up to one of you guys to make a non-animated :smh: smilie.
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aarbi
08-01 11:15 PM
nope... I have my receipt notice that has June 11th on it, but the only system says July 3rd, which is the day they sent my notice :)
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gc28262
07-31 07:42 AM
This company is on the wrong side of the law. Please read H1B laws from DOL(Department of Labor) site.
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
U.S. workers and job applicants may also have certain rights under the H-1B programs. U.S. workers employed by an H-1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job. In addition, an H-1B dependent employer or willful violator must offer the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B alien worker. The U.S. Department of Justice has the authority to investigate complaints of failure to hire qualified U.S. workers.
No employer of H-1B, H-1B1, or E-3 workers may intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing violations of H-1B, H-1B1, or E-3 provisions or for cooperating in an official investigation of the employer's compliance.
U.S. workers and H-1B/H-1B1/E-3 workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.
Complaints about non-compliance with H-1B/H-1B1/E-3 labor standards may be filed with a local Wage and Hour Division office.
U.S. Department of Labor — Wage and Hour Division (WHD) — District Office Locations (http://www.dol.gov/whd/america2.htm)
If you want to complain about this employer, fill in WH4 (http://docs.google.com/viewer?url=http://www.dol.gov/whd/forms/wh-4.pdf)form and send it to one of the following offices
Northern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
200 Sheffield Street, Room 102
Mountainside, NJ 07092
Phone:
(908) 317-8611
1-866-4-USWAGE
(1-866-487-9243)
Joseph Petrecca
District Director
Southern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
3131 Princeton Pike, Bldg. 5, Rm. 216
Lawrenceville, NJ 08648
Phone:
(609) 538-8310
1-866-4-USWAGE
(1-866-487-9243)
Pat Reilly
District Director
Also let your friends know that it is illegal for the employer to ask money for H1B processing and also making you sign a bond.
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
U.S. workers and job applicants may also have certain rights under the H-1B programs. U.S. workers employed by an H-1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job. In addition, an H-1B dependent employer or willful violator must offer the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B alien worker. The U.S. Department of Justice has the authority to investigate complaints of failure to hire qualified U.S. workers.
No employer of H-1B, H-1B1, or E-3 workers may intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing violations of H-1B, H-1B1, or E-3 provisions or for cooperating in an official investigation of the employer's compliance.
U.S. workers and H-1B/H-1B1/E-3 workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.
Complaints about non-compliance with H-1B/H-1B1/E-3 labor standards may be filed with a local Wage and Hour Division office.
U.S. Department of Labor — Wage and Hour Division (WHD) — District Office Locations (http://www.dol.gov/whd/america2.htm)
If you want to complain about this employer, fill in WH4 (http://docs.google.com/viewer?url=http://www.dol.gov/whd/forms/wh-4.pdf)form and send it to one of the following offices
Northern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
200 Sheffield Street, Room 102
Mountainside, NJ 07092
Phone:
(908) 317-8611
1-866-4-USWAGE
(1-866-487-9243)
Joseph Petrecca
District Director
Southern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
3131 Princeton Pike, Bldg. 5, Rm. 216
Lawrenceville, NJ 08648
Phone:
(609) 538-8310
1-866-4-USWAGE
(1-866-487-9243)
Pat Reilly
District Director
Also let your friends know that it is illegal for the employer to ask money for H1B processing and also making you sign a bond.
more...
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mpadapa
05-14 04:35 PM
On what basis are you saying this?
If EB folks don't want to do anything for their own benefit, there won't be any hope even after 2009. We will be over shadowed by 12 million folks once 2009 kicks in. Good luck finding a solution then.
We already have 2 bills (HR5882 and HR 5921) in the Judiciary committee, did U call U'r lawmaker and seek support from him/her.
PD's don't move forward based on ppl praying, it moves based on supply and demand. Right now the demand is very high and the supply of visa is very low. We can improve the supply situation if the bills goes through.
2009------we can see something happening.
Until then Visa Bulleting is our best hope and source
Let us pray.
If EB folks don't want to do anything for their own benefit, there won't be any hope even after 2009. We will be over shadowed by 12 million folks once 2009 kicks in. Good luck finding a solution then.
We already have 2 bills (HR5882 and HR 5921) in the Judiciary committee, did U call U'r lawmaker and seek support from him/her.
PD's don't move forward based on ppl praying, it moves based on supply and demand. Right now the demand is very high and the supply of visa is very low. We can improve the supply situation if the bills goes through.
2009------we can see something happening.
Until then Visa Bulleting is our best hope and source
Let us pray.
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amslonewolf
05-10 10:38 PM
FYI check out http://yourmaninindia.com site as well. They provide some good services like getting BC for you etc.
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himu73
07-07 10:12 PM
Vinay has just began living life. He has begun his career as a doctor in Boston and was recently married to Rashmi. But his dreams for the future have been out on hold. Vinay, 28 years old, is diagnosed with AMI (Acute Myeloid Leukemia).
Please visit www.helpvinay.org for information how you can help if found a match for bone marrow.
Registration is very simple and we have lot of drives going on right now.
Please visit this site since he needs to a match with a south asian and has very less time on hand.
I know this post is out of context but please dont remove till July 09 which the deadline to get him the match.
Please visit www.helpvinay.org for information how you can help if found a match for bone marrow.
Registration is very simple and we have lot of drives going on right now.
Please visit this site since he needs to a match with a south asian and has very less time on hand.
I know this post is out of context but please dont remove till July 09 which the deadline to get him the match.
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gemini23
08-02 01:41 PM
Yes, you are correct. They just need copies at the time of application, they can ask for originals if needed later if there is an interview. But yes, still I got my orginials in courier.
Gemini,
Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.
Gemini,
Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.
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gsc999
07-08 10:48 PM
It may be counterproductive to get Indian government involved, as has been pointed out by IV before.
The recent WTO talks failed and US trade rep blamed India and Brazil for the failure. Why wouldn't US use this as a trade negotiation issue with India, instead of solving it as a domestic procedural issue. Once that happens the likes of Lou Doubbs will hijack this issue and make it US vs India.
- If at all there is a trade issue, it is for H1-B visas. Once you are at AOS stage even that motivation goes away.
My suggestion is to focus on domestic media and local congresspeople, who can be more helpful.
Lets try to be part of the community we want to be "permanent immigrant" of, instead of looking towards Indian govt., which can't do much here anyways
The recent WTO talks failed and US trade rep blamed India and Brazil for the failure. Why wouldn't US use this as a trade negotiation issue with India, instead of solving it as a domestic procedural issue. Once that happens the likes of Lou Doubbs will hijack this issue and make it US vs India.
- If at all there is a trade issue, it is for H1-B visas. Once you are at AOS stage even that motivation goes away.
My suggestion is to focus on domestic media and local congresspeople, who can be more helpful.
Lets try to be part of the community we want to be "permanent immigrant" of, instead of looking towards Indian govt., which can't do much here anyways
gcformeornot
12-31 02:15 PM
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ameryki
08-28 10:28 PM
Dude, if your profile is genuine, that does indicate something - my PD is also Nov. 2005, EB3-I. Both of us got 1 year EAD instead of 2.......hmm.....my attorney called USCIS and according to the attorney they (USCIS rep) couldn't tell them the reason for 1 year EAD.......asked me to do infopass!
trust me the ead situation is not consistent across the board. it is totally up to the IO assigned to the filing. but if you think its promising I truly hope you are right. do keep us posted if you find out more.
trust me the ead situation is not consistent across the board. it is totally up to the IO assigned to the filing. but if you think its promising I truly hope you are right. do keep us posted if you find out more.
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