pasupuleti
01-31 12:21 PM
I work for a good consulting company, completed 3 years in that company.
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
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purgan
10-13 07:23 PM
The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US
avi101
04-12 04:41 PM
I don't think the flaw is with Labor substitution per se. The problem is with the assignment of labor's original priority date to the new substituted alien.
An individual gets attached to the labor at the I140 stage, and thats the date they should use for substituted labor applications. This along with Perm's (ideal) processing times would make labor substitution insignificant.
Source:
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
From above Source:
---------------------
DATES: Interested persons are invited to submit written comments on the
proposed rule on or before April 14, 2006.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1205-AB42, by any of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the Web site instructions for submitting comments.
E-mail: Comments may be submitted by e-mail to
fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of
the message.
An individual gets attached to the labor at the I140 stage, and thats the date they should use for substituted labor applications. This along with Perm's (ideal) processing times would make labor substitution insignificant.
Source:
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
From above Source:
---------------------
DATES: Interested persons are invited to submit written comments on the
proposed rule on or before April 14, 2006.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1205-AB42, by any of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the Web site instructions for submitting comments.
E-mail: Comments may be submitted by e-mail to
fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of
the message.
2011 He is growing up so fast!
Hermione
09-27 11:09 AM
Is there anyway we can help the family featured in this thread? Like helping them with funds to hire a good lawyer or something on those lines? Reading all the threads, I am somehow thinking of going for the Indian dream now (Yes, I have the Indian citizenship)!!! 6 years and my wife still does not know if she can live in this country or not!!!
Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.
The article itself is pretty good, though.
Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.
The article itself is pretty good, though.
more...
srh1
10-28 10:57 PM
Thanks for your reply it was helpful.
BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..
BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..
logiclife
04-02 10:15 AM
Somehow prove that you were undocumented(illegal) before Jan 2004 to claim that benefit.
If you were legally present and have always been legal then the benefit does not apply and you have to wait for your turn in the line for greencard.
If you were legally present and have always been legal then the benefit does not apply and you have to wait for your turn in the line for greencard.
more...
desi_hardcore_techie
08-13 12:32 PM
oye chappan... ever been to indore?
there is a small shops complex there called chappan dukaan... very famous hangout place for all indorians... just remembered :)
Chappan Dukaan is too good...even non indorians have heard about it...
I just had a morning dream that EB3 will be current in coming months.
May all EBs get current and all desis can switch jobs/companies/professions....
Good Luck to everybody!
there is a small shops complex there called chappan dukaan... very famous hangout place for all indorians... just remembered :)
Chappan Dukaan is too good...even non indorians have heard about it...
I just had a morning dream that EB3 will be current in coming months.
May all EBs get current and all desis can switch jobs/companies/professions....
Good Luck to everybody!
2010 growing up too quick.
rsdang
06-16 11:59 AM
Just a quick update:
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
Folks please call � Lobbying/Calling people is the way things get done in US� Get over your shyness. Just Do it.
I was shy at first and was uncomfortable calling � after the first 2-3 calls I was calling like a pro� its takes half an hour at most�
Please Please Please pick up that phone and call�
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
Folks please call � Lobbying/Calling people is the way things get done in US� Get over your shyness. Just Do it.
I was shy at first and was uncomfortable calling � after the first 2-3 calls I was calling like a pro� its takes half an hour at most�
Please Please Please pick up that phone and call�
more...
neogator
01-19 05:20 PM
Although your question is quite laughable and absurd, you could make a point by asking of a list of people who gave up on immigration to the US because of the EB3 backlog. And if these people did make it big..then you have a point.
hair My baby is growing up too fast
GC_SUCK
11-02 11:03 AM
As per my knowledge, GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.
Plz. correct if I am wrong.
My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.
Plz. correct if I am wrong.
My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.
more...
ragz4u
04-13 10:52 AM
Will IV be trying to campaign/lobby against the 180 day delay?
90 days is a US law for every bill. Again, I don't see what IV has to do with that!
The other 90 days is because of amendment. Unfortunately this amendment was unanimously approved by the SJC. Can't see how IV can campaign against something like this too! And I think its prudent to wait 3 more months than rankle some lawmaker about this. We need publicity, but not negative publicity!
In any case, we will stick ONLY to our agenda.
90 days is a US law for every bill. Again, I don't see what IV has to do with that!
The other 90 days is because of amendment. Unfortunately this amendment was unanimously approved by the SJC. Can't see how IV can campaign against something like this too! And I think its prudent to wait 3 more months than rankle some lawmaker about this. We need publicity, but not negative publicity!
In any case, we will stick ONLY to our agenda.
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LookingForGC
05-10 10:10 AM
I have been using ICICI for many years as i do have ICICI NRI account. Having indian account and managing here is always fun :)
more...
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glus
03-19 11:29 AM
If you have left your I-140 company, that I-140 is dead. No wonder you have not heard back. It's not pending, it's cancelled. I-140 is employer based and therefore if USCIS said they were not satisfied with place of work, which reads: not enough income for the company to be able to pay you the salary declared in the I140 app. If you did not reply to their show-cause within the time frame stated, your I-140 application is deemed abandoned.
This is not true. I140 can be approved even after one leaves the company. I140 is only a "check" that the person i qualified and a company able to pay a "FUTURE OFFER OF EMPLOYMENT." Please do not post untrue statements unless your are absolutely sure. He can work in CA and have a 140 approved in NY, and move to NY when his Priority Date becomes current.
I140 is only dead if a company request to withdraw I140 petition before it is approved. If his I140 is "pending" it is not dead.
This is not true. I140 can be approved even after one leaves the company. I140 is only a "check" that the person i qualified and a company able to pay a "FUTURE OFFER OF EMPLOYMENT." Please do not post untrue statements unless your are absolutely sure. He can work in CA and have a 140 approved in NY, and move to NY when his Priority Date becomes current.
I140 is only dead if a company request to withdraw I140 petition before it is approved. If his I140 is "pending" it is not dead.
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snathan
03-09 03:59 PM
Thanks Radhagd:
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
There is no premium process for PERM. if you get audited, it will take 1-2 years to get approval. You can do premium for I-140
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
There is no premium process for PERM. if you get audited, it will take 1-2 years to get approval. You can do premium for I-140
more...
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ambals03
01-11 11:24 AM
http://www.gpo.gov/fdsys/pkg/BILLS-112hr43ih/pdf/BILLS-112hr43ih.pdf
dresses 2010 They#39;re growing up so
rnvd
10-30 03:48 PM
Hi all,
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
more...
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tonyHK12
11-30 09:14 PM
We need to get all these businesses to join together with Immigration voice and support us by lobbying and funding.
No Great H-1b will come here if its going to take 10-20 years to get a Green card.
I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
This is a big thing that is missing so far.
See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.
No Great H-1b will come here if its going to take 10-20 years to get a Green card.
I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
This is a big thing that is missing so far.
See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.
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crystal
02-02 10:27 AM
http://www.ice.gov/sevis/travel/faq_f2.htm#_Toc81222024
2.K. Can I travel outside the United States if I have a Form I-485 adjustment of status application pending?
No, not without advance permission. If you depart the United States with a pending I-485, you have abandoned your application unless you receive permission in advance from USCIS to return to the United States. This permission is called Advance Parole.
You may also be considered ineligible to return to the United States as an F-1 student, because your application to change status to that of a permanent resident is evidence of intent to immigrate which is inconsistent with nonimmigrant student status
2.K. Can I travel outside the United States if I have a Form I-485 adjustment of status application pending?
No, not without advance permission. If you depart the United States with a pending I-485, you have abandoned your application unless you receive permission in advance from USCIS to return to the United States. This permission is called Advance Parole.
You may also be considered ineligible to return to the United States as an F-1 student, because your application to change status to that of a permanent resident is evidence of intent to immigrate which is inconsistent with nonimmigrant student status
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desi3933
02-25 09:07 PM
......
what are the options for me?
can I apply for a H1b transfer?
please help
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
what are the options for me?
can I apply for a H1b transfer?
please help
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
ameryki
03-10 09:46 PM
Never mind lawyer just sent copies of the receipt notice. so we are good to play.
akred
03-26 07:52 PM
Yes. But as my wife found out, a lot of employers (small business) are willing to pay off the books or in kind (like free private school tuition).
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