Turtle Tattoo Designs

I can see it in my browser. Good news for NSC as most of the dates moved significantly. Expecting to get news on my I-140 by May 2008 or earlier.

The point-based system will not be good for this country. Many other countries have point-based systems such as Canada, Australia, New Zealand, UK, etc. The most who immigrate in these countries on the point-based system don't have jobs. Only those should be allowed to immigrate who has the job offer here. All the immigration fees and expenses to immigrate should be borne by the employer offering the job.

Not only this, the people who promote this point-based system are interested in shutting off immgration based on family unification. Why you would not like your own family members to be here, when they all have been allowed until this day to bring their own family members from European countries.

No ones looking to shut off family immigration, it will never ever happen, they are only discussing "preferences" and for the most part its a no brainer that the qualified folks should get preference for the betterment of this country and to compete globally (if you view it from an american's point of view).
I don't know all the pros and cons but I don't see anything wrong in it.

I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.

Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.

1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.

2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?

3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?

4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?

5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?

Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.

I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -

Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.

In the words of William F. Buckley Jr..... some of my first instincts are reprehensible! Glad you finally got CS2....How are you liking it so far? (It IS out of the box isn't it?)

This is the loophole that needs to be plugged for the SKIL to work successfully. The one clause that need to be added is that the advance degree must have been completed before the LC was filed / approved so that acquiring education in excess of a Bachelor's does not become a ground for exploitation. Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it’s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.

How long does it take to get EAD card by post after Finger printing is done?

I don't think both are related. Folks are getting EADs along with FP notices or receipts at TSC. Its just that NSC is slooow.

I can understand the amount of anxiety and stress you must be undergoing... Especially with EB3 future in near term looking bleak. I sometimes feel its is kind of very unfair for people in EB3 boat. Try EB3 -> EB2

As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.

When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.

Life goes on...

PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.

I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.

Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.

My question to some of you is - what will you do if skilled reform doesn't happen this year?

My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.

What will you do?

Thanks guys for all your responses, much appreciated. not sure whats the RFE about, still waiting for the document, little bit tensed ....

Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

Thanks

This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.

Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.

In short, just keep your jobs and file an MTR ASAP with correct documentation.

EB3_NEPA

As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.

And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.

If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...

I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.

Hope this helps...

:( That sucks, but thanks for the info.

Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.

WHEN: Saturday AUGUST 11th

LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)

TIME: 1:30 pm

IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)

The meet up was great and there were 4 new members who showed up.
You can check the pics @ http://ph.groups.yahoo.com/group/immigrationvoiceny/photos

I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.

I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.

What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:

1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.

I think becoz of anti-immigrant trolls on this website such activities has been taken offline to State Chapters. If you really want to participate then it's best to join your State Chapter:

http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52

I checked the full text of this bill, it does not have anything else besides temporary quota increase for H-1B.

How can we actively participate in this process? How can we find out about such bills when they are still in the works and make suggestions to the lawmakers to include relief for EB issues?

Just got back from Canada. It was really straightforward.

Showed passport and GC at Canadian checkpost... No questions asked about canadian immigration.
On the way back showed green cards, again no questions....

Wow... after almost 10 years on H1, it is unbelievable how uneventful travel on GC can be :D

Thanks for the giving link for reply. so I understand that she can work & start her own company to work as independent consultant.
Now I am curious to know..about move from H1 to EAD for her.
can she move from H1 to EAD immediately?
what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office? Also what kind of company she can have on EAD (corp,LLC)?
what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?

Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?
Once she have her own company then she will work thru that company corp-to-corp or 1099??

Sorry...so many series of questions...but since this area is new.
appreciate your help.
Thanks in advance.

Hi,

I am eager to know what happened to your brother's visa?

It will help me a lot!

Thanks,
Vijay

Hi Gurus,

I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.

Here is my case.

PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.

I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.

After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.

Please let me know what options I have.


Thanks
GCWarrior

If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.

Chanduv,

I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.

I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.

Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!

HP

The idea is to encourage imigrants to get into this process of "self help". A lot of people do not realise the importance of such efforts and thats whythey try to avoid and always find issues and faults.
Students/OPT are fresh, young and talented and their energies can be channelized in the most effective manner. it is just the process of trying to inculcate the thought of "right approach" for their careers and future.

IV has been a platfrom for immigrants, IV has been used as a platform for various issues like drivers license and other variety of issues.

Forget this Crab story...it�s a crap story written by one idiot followed by other idiots only when its adding value for their argument.


You were one of them, if I remember right..

However, I appreciate the rest of your post. It makes a lot of sense. We should talk only about things that benefit EB community. Leave things like this to the anti's.

When anti's strike, we should counter-strike by saying: So solution is, grant GC etc :D

But at least they will be alerted to a problem. Maybe someone will take notice. Maybe they wont. If not we will figure something else out...my two cents

Thank you theshiningsun and chanduv23.

Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.

I want to clarify little more.

1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?

2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?

Here is the whole meat - I have written about this probably 200 times.

You may receive NOID - yes - thats how it works. An employer sends a letter to the service center stating that the candidate has moved to a different job so does not want to hold this position and decided to eliminate the position. The officer then processes the request - usually this whole thing happens in 4 to 6 weeks after your employer sends the letter.

If you already sent a new employment letter from your new or prospective employer - chances are that it may end up in your file or not - we don't know how USCIS works internally. Even if your letter reaches your file, the officer processing your 140 revocation may not physically check your document folder, rather may rely on their online system which may not have any reference to AC21 change in job because AC21 is not a formal process.

Now, if you sent AC21 letter and it reaches the officer processing your 140 revocation, chances are that the officer may accept it or may want more information in form of an RFE so that the process looks standard, RFE or NOID is almost similar and in case of 140 revocations, they usually send NOID - which means you cannot withdraw your 485 and you have one shot at your 485 by responding to NOID.

In some cases the officer may send a denial on 485 - the denial will not have any reference to AC21 but clearly states that your 140 was revoked and therefore your 485 got denied. In such cases you have to file for a motion to reopen - this has happened a lot and continue to happen (though we do not see lately because lot of cases have been preadjudicated and not many 485s being filed or not many 140 revocations. Motions take anywhere from weeks to few months and you may need help from Ombudsman's office at times if it is getting delayed. Now when it comes to travel - if you travel when 485 is denied, you cannot come back and file for MTR - it gets complicated.

AC21 works just fine in most cases and people have navigated smoothly and usually the same or similar job has never been an issue as long as you are doing similar job. technically you don't need copy of labor as long as you know what you are doing. The job duties need not be a photo copy of earlier job but just be similar. Say if you are a .net programmer, you are fine if you are doing Java.

Good luck and don't panic. Do talk to a lawyer if you want and look for a good job. Fulltime jobs are taking a long time to get because employers are picky in this market with more supply than demand. Don't let your employer know you are looking for fulltime jobs - he may take instant revenge. It is not only consulting companies that we talk about and trash, but any employer looks for their interests - corporate world is greedy and selfish - one must know how to play.

Also remember, not all lawyers are ethical because it is a business to them and they will do what is in best interest of their business. You need to be smart and tricky. It is painful at times to deal with all the legal stuff when you want to progress, burt work your ways smartly.

If you want to travel without a job in hand, it is your choice, most times it is smooth, as long as your documents are intact, I think you will be fine, but there is always a risk. I would recommend to find a job and then travel.