gc_mania_03
10-09 08:04 PM
One thing I noticed in this thread is the lack of differentiation between attorney's who were hired directly by applicants as opposed to ones hired by the company one work's for.
I am sure there is wide gap in how law firms operate when interacting with either of the entities.
I would be interested in getting some references from people who have hired their own attorneys and their experience with that.
Even I am looking to hire an attorney to transfer my wife's case and then join the waiting game..
-gc_mania_03
I am sure there is wide gap in how law firms operate when interacting with either of the entities.
I would be interested in getting some references from people who have hired their own attorneys and their experience with that.
Even I am looking to hire an attorney to transfer my wife's case and then join the waiting game..
-gc_mania_03
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DSJ
06-20 08:25 AM
as per http://www.shusterman.com/, democrats are up to restore family and employment immigration and eliminate point system
gemini23
09-25 11:02 AM
I have had all good experiences with fragoment till now, and I have been dealing with them for a couple of years now. They were very professional i should say. Again I work for one of the top 3 financial firms , and my employer has fragomen as preferred law firm.
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rb_248
02-08 03:56 PM
I am in a lot of stress. Please help out if possible.
Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.
If I join company B starting June, and transfer my H1B to B, can it extend my H1B beyond 6 years based on the approved I-140 I had with company A? If yes, will it be for one year or three years?
Gurus please help. I will be grateful.
Thanks
Dont worry. You are not the first person to face this situation. You will come out of this without any major setbacks.
Find another job.
Transfer H1-b (dont have to apply for a new one)
Request your current employer not to revoke your I-140.
With the new company apply for LC and then I-140.
Thats all you have to do.
IV folks are with you. What kind of job are you looking for? May be someone at IV could help you.
Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.
If I join company B starting June, and transfer my H1B to B, can it extend my H1B beyond 6 years based on the approved I-140 I had with company A? If yes, will it be for one year or three years?
Gurus please help. I will be grateful.
Thanks
Dont worry. You are not the first person to face this situation. You will come out of this without any major setbacks.
Find another job.
Transfer H1-b (dont have to apply for a new one)
Request your current employer not to revoke your I-140.
With the new company apply for LC and then I-140.
Thats all you have to do.
IV folks are with you. What kind of job are you looking for? May be someone at IV could help you.
more...
Jaime
09-04 10:18 PM
Jaime - SUPERTASTIC!!!
don't foget to send your info to lobbyday@immigrationvoice.org
=> one more from lonestar state
Everybody! Have you been thinking? Making up your mind? Let us help you, the decision is YES! Now, just make your reservations and come to Washington! We will help you with anything you need! Just PM us!
don't foget to send your info to lobbyday@immigrationvoice.org
=> one more from lonestar state
Everybody! Have you been thinking? Making up your mind? Let us help you, the decision is YES! Now, just make your reservations and come to Washington! We will help you with anything you need! Just PM us!
furiouspride
07-22 03:20 PM
When there is a necessity and I am forced to learn. Other native speakers neither going to care why I learned the language nor force me to speak that particular language as already I am speaking. So where the attitude comes in the picture.
Again I don�t have anything against Hindi or any other particular language. But I don�t like taken for granted.
Well I kinda see what you're saying when you say 'you have issues learning languages' after seeing this post. However, the problem is more general I'd presume (English included)?
Again I don�t have anything against Hindi or any other particular language. But I don�t like taken for granted.
Well I kinda see what you're saying when you say 'you have issues learning languages' after seeing this post. However, the problem is more general I'd presume (English included)?
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prashantkh
07-03 04:16 PM
Well thats our fate .. we are always forced to piggyback on a larger issue. With CIR it was illegal immigration, now it is H1-B. But you got to understand that if not for corporate lobbying (who have a heavier stake in H1-Bs) this bill would not have seen the light of day, that too in the house. We got to be thankful we are at least not being treated on par with the illegal aliens .. the broad theme of this bill is highly related to skilled immigration, which is much less controversial than granting citizenship to illegals; not withstanding the tancredos and numbersUSAs who will still be yelling doomsday from the rooftops. Granted we are flying under the radar as usual, but I very much doubt this will be an H1-B only bill without any EB relief.
I agree, lacking enough "pull" either monetarily or numerically puts us at a disadvantage. However, I just read this post from indianindian2006
http://aila.org/content/default.aspx?docid=19879
It clearly says that there are provisions to address issues for permanent residency. Two that interests me and most others are:
1) Exemptions for U.S. educated foreign workers with master's or higher degrees from the H-1B and EB green card quotas so their talent can be retained in the United States.
2) Exemptions for EB green card immigrant spouses and children from the annual cap, thus making more visas available for the innovative professionals we need.
So hopefully all is not over yet :) ....
PK
I agree, lacking enough "pull" either monetarily or numerically puts us at a disadvantage. However, I just read this post from indianindian2006
http://aila.org/content/default.aspx?docid=19879
It clearly says that there are provisions to address issues for permanent residency. Two that interests me and most others are:
1) Exemptions for U.S. educated foreign workers with master's or higher degrees from the H-1B and EB green card quotas so their talent can be retained in the United States.
2) Exemptions for EB green card immigrant spouses and children from the annual cap, thus making more visas available for the innovative professionals we need.
So hopefully all is not over yet :) ....
PK
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needhelp!
11-16 12:44 PM
I totally understand the push from IV to encourage state chapters and build grassroots strength to this movement.
Join the state chapter : IV does not have a state chapter in the state I live in - Nebraska,: So I thought I would start one and wrote to IV ...after initial response from IV , there has been no progress .
Start contributing: I have already contributed $100 and will contribute further as and when I can.
Volunteer for IV: Volunteered to start the state chapter.
Well I have done my bit so hopefully I will not be disparaged for making comments on this issue,
You must promote your state chapter by starting a thread and keeping it alive so those visiting the forums will know. (most people only look at latest threads)
Where is the link to your state chapter in your signature?
Join the state chapter : IV does not have a state chapter in the state I live in - Nebraska,: So I thought I would start one and wrote to IV ...after initial response from IV , there has been no progress .
Start contributing: I have already contributed $100 and will contribute further as and when I can.
Volunteer for IV: Volunteered to start the state chapter.
Well I have done my bit so hopefully I will not be disparaged for making comments on this issue,
You must promote your state chapter by starting a thread and keeping it alive so those visiting the forums will know. (most people only look at latest threads)
Where is the link to your state chapter in your signature?
more...
gc_dedo
08-08 02:36 PM
Any updates on this topic?
I didnt get rebate check this year because i havent filed my wife and kid EAD.
I can apply for their EAD and get SSN so i can get the rebate next year but that costs money too.
I didnt get rebate check this year because i havent filed my wife and kid EAD.
I can apply for their EAD and get SSN so i can get the rebate next year but that costs money too.
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yabadaba
06-19 06:39 PM
this bill needs to die...its amnesty on the back of legal immigrants.
more...
kartikiran
06-11 08:41 AM
Kartik, as long as we, the EB3 do not come forward and collect huge amount for lobbying, we will continue to lurk here for many more years.
Unfortunately the sad part is, whatever lobbying is done actually helped only EB2 I, may be due to a wrong notion by USCIS that all Hi-tech immigrants are EB2. This could be a fact as there are thousands of 245 cases that fell into EB3.
Another bad thing was that USCIS release this VB yesterday which means one extra day to CRY.
I do not blame any one, but ourselves. We do not want to spend money and hence dying in this process. No solution, but cry at every VB day.
caliber, agreed with your comments. I also see here now we lost a buch of support from EB2 community because of one visa bulletin. People fail to realize come october 2010, dates will retrogress because spillover is applied at the end of a fiscal year and not the beginning.
If EB2 community thinks they are going to get green card just because they got current, that shows how blind-sided they are about the process. Because getting current is only the first step. there are lot of members who have been current and have waited years to get green card.
anyway, I guess for the next 3-4 months it will be EB3 community trying to lobby for changes and EB2 members looking at visa bulletin.
It is sad USCIS has managed to bring this split into the community by playing with visa bulletin. Anyway, we will get everyone back in Oct 2010 when dates retrogress.
No...I am not crying and I never did. I am secure with whatever life has thrown at me.
Unfortunately the sad part is, whatever lobbying is done actually helped only EB2 I, may be due to a wrong notion by USCIS that all Hi-tech immigrants are EB2. This could be a fact as there are thousands of 245 cases that fell into EB3.
Another bad thing was that USCIS release this VB yesterday which means one extra day to CRY.
I do not blame any one, but ourselves. We do not want to spend money and hence dying in this process. No solution, but cry at every VB day.
caliber, agreed with your comments. I also see here now we lost a buch of support from EB2 community because of one visa bulletin. People fail to realize come october 2010, dates will retrogress because spillover is applied at the end of a fiscal year and not the beginning.
If EB2 community thinks they are going to get green card just because they got current, that shows how blind-sided they are about the process. Because getting current is only the first step. there are lot of members who have been current and have waited years to get green card.
anyway, I guess for the next 3-4 months it will be EB3 community trying to lobby for changes and EB2 members looking at visa bulletin.
It is sad USCIS has managed to bring this split into the community by playing with visa bulletin. Anyway, we will get everyone back in Oct 2010 when dates retrogress.
No...I am not crying and I never did. I am secure with whatever life has thrown at me.
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supers789
08-20 08:26 PM
Fragomen applied for my PERM application last year. The rule is - either advertisement start date or end date should fall in "wage survey duration of 3 months". They didn't follow that. And my PERM got denied. Immediately they applied for my PERM. And it's stuck in Audit. And not to mention, even though it was their mistake, they took fees from employer for filing 2nd PERM.. saying DOL wasn's clear about this rule, and never rejected any application before for this reason.. So its not their mistake!!
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coopheal
03-14 10:12 AM
It�s good that at least some of us are getting VISAs, instead of VISAs being lost.
However if this continues we could see a big movement to switch over to EB2 with or without porting PDs. This may in turn help EB3 :)
We need to make this a sticky thread, so that we can brainstorm and put best ways to switch from EB3 to EB2 w/keeping older PDs.
Below from post: http://immigrationvoice.org/forum/showthread.php?p=230406#post230406
http://www.murthy.com/news/n_analys.html
Transfer of the Earlier Priority Date : EB3 to New EB2
�MurthyDotCom
The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.)
This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.
However if this continues we could see a big movement to switch over to EB2 with or without porting PDs. This may in turn help EB3 :)
We need to make this a sticky thread, so that we can brainstorm and put best ways to switch from EB3 to EB2 w/keeping older PDs.
Below from post: http://immigrationvoice.org/forum/showthread.php?p=230406#post230406
http://www.murthy.com/news/n_analys.html
Transfer of the Earlier Priority Date : EB3 to New EB2
�MurthyDotCom
The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.)
This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.
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dixie
07-28 04:25 PM
sorry but this is ridiculous. If the US has a skill shortage and wants foreign workers, it should ensure that the foreign worker and his/her family are given the same rights that a domestic workers family enjoys.
If they can't give that right, why do they want to invite the foreign worker at all?
Its true that they are not forcing this on us and we are free to go back anytime. But still isn't the inequality pretty clear here? and this country is supposed to be all about equality...
I agree with you. This policy basically amounts to treating "skilled labor" as some inanimate robots with no emotions or needs whatsoever. If H4 folks are free-loaders, then so are the dependents of EB green card holders .. after all the dependents didnt go through labor cert, did they ? As for the equality hogwash, I have long stopped believing that .. it exists only technically; but reality is what is staring us right now .. retrogression for coming countries with large number of skilled people, backlog "elimination" centers and infinite waits to be given any meaningful rights. Why ? simply because we were idiotic enough to believe all this "meritocracy" and "equality" propaganda.
If they can't give that right, why do they want to invite the foreign worker at all?
Its true that they are not forcing this on us and we are free to go back anytime. But still isn't the inequality pretty clear here? and this country is supposed to be all about equality...
I agree with you. This policy basically amounts to treating "skilled labor" as some inanimate robots with no emotions or needs whatsoever. If H4 folks are free-loaders, then so are the dependents of EB green card holders .. after all the dependents didnt go through labor cert, did they ? As for the equality hogwash, I have long stopped believing that .. it exists only technically; but reality is what is staring us right now .. retrogression for coming countries with large number of skilled people, backlog "elimination" centers and infinite waits to be given any meaningful rights. Why ? simply because we were idiotic enough to believe all this "meritocracy" and "equality" propaganda.
more...
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days_go_by
07-18 11:45 AM
Anybody thinking of this ...........
I know there is a whole lot of people asking if they can do a Executive MBA or Masters and qualify for the US Masters exemption. My question is, what about someone who started and did his Masters in his field of labor application from a accredited university, after applying for EB3 labor, and now has labor and 140 approved but waiting for PD, will this person also qualify for US Masters, or will he have to start a new labor application based on the masters degree ?
Gurus, please answer.
---
I think MS quota is for 485, so you should be exempt, but I don't think anyone knows for sure at this time.
I know there is a whole lot of people asking if they can do a Executive MBA or Masters and qualify for the US Masters exemption. My question is, what about someone who started and did his Masters in his field of labor application from a accredited university, after applying for EB3 labor, and now has labor and 140 approved but waiting for PD, will this person also qualify for US Masters, or will he have to start a new labor application based on the masters degree ?
Gurus, please answer.
---
I think MS quota is for 485, so you should be exempt, but I don't think anyone knows for sure at this time.
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venkygct
06-10 02:16 PM
Visa Bulletin for July 2010 (http://travel.state.gov/visa/bulletin/bulletin_5019.html)
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jsb
08-06 02:25 PM
is it mean Canadian door's are closed for people who employed in IT field and do non-managerial job?
Is there any other alternative option to apply Canadian PR after exclusion of occupation category from federal and province Skilled worker category?
Canada has a point system. You earn points for (i) qualification in area of demand - this changes constantly, (ii) family in Canada, if any, including cousins etc (iii) age, (iv) knowledge of English/French, (v) a job offer in area of demand, (vi) money for initial support during job search, (vii) knowledge of culture, (viii) interview, etc etc. If you get passing marks (60%?) you are in.
Others categories are marriage, investor (with a guarantee of employing certain minimum number of Canadians other than your own family), refugee etc.
There is no country based quota. Once you become citizen (after 3 yrs), your Nationality is considered Canadian. Country of birth is never mentioned or asked for any document other than passport (even there it is optional). Govt benefit plans do not distinguish between a PR and a citizen.
Is there any other alternative option to apply Canadian PR after exclusion of occupation category from federal and province Skilled worker category?
Canada has a point system. You earn points for (i) qualification in area of demand - this changes constantly, (ii) family in Canada, if any, including cousins etc (iii) age, (iv) knowledge of English/French, (v) a job offer in area of demand, (vi) money for initial support during job search, (vii) knowledge of culture, (viii) interview, etc etc. If you get passing marks (60%?) you are in.
Others categories are marriage, investor (with a guarantee of employing certain minimum number of Canadians other than your own family), refugee etc.
There is no country based quota. Once you become citizen (after 3 yrs), your Nationality is considered Canadian. Country of birth is never mentioned or asked for any document other than passport (even there it is optional). Govt benefit plans do not distinguish between a PR and a citizen.
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geevikram
05-20 12:31 PM
Thanks rayoflight. But am'I not helping myself? Please donate generously, this is your future/your child's future.
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bkn96
12-09 10:13 PM
Great news. I am in smilar case, My MTR is filed 10days ago and waiting for case to reopen.
Ram, Did you work during 7 weeks? Some attorneys suggest not to work.
Ram, Did you work during 7 weeks? Some attorneys suggest not to work.
alex99
03-13 04:15 PM
Yes it is true
gapala
03-20 08:12 PM
The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
I hope you assume this as a new H1B not a transfer or else your post is wrong.
As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
Really?
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
I hope you assume this as a new H1B not a transfer or else your post is wrong.
As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
Really?
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)
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