Thursday, June 30, 2011

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  • pareshsinha
    03-31 01:19 AM
    From over an year, I have been working on EAD. Recently I resigned from my job, however I am still looking for a new job. I have a few questions related with EAD:
    1. Even after leaving the company, is it legal for me to stay in the country and for how long?
    2. Can I look for any kind of job on EAD or there is any restrictions?
    3. Is it possible that my former employer can cancel my EAD?
    4. If I find a new job, do I have to use immigration lawyers of my former employer to help renew my EAD, travel document etc. from time to time or I can hire another immigration lawyer?


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  • arnet
    09-18 05:55 PM
    I know we are pouring our ideas in different threads including one who supports our cause like name/news of senators/rep with grades, companies (employers), univ, associations, news reporters, talk show host, media, etc.

    So I thought of creating this thread just to compile list of one who support the bill (or) one who we can convince our cause to support us, etc. This will definetly help the IV core team.

    I know IV core team is aware of (or working with) most of the supporters, but still each new addition counts to our success.

    for e.g., I read an article few days ago "1986 bill authors make a final push" in IV news article thread ( which talks about the opinion of "1986 Immigration Reform and Control Act - IRCA, or the Simpson-Mazzoli bill" authors Romano L. Mazzoli (was a Democratic representative from Kentucky) and Alan K. Simpson (was a Republican senator from Wyoming.)

    after reading this, today I thought, might be an idea to contact these former senators, who can voice our genuine legal immigration concerns. Definitely they will have friends in capitol hill on both parties who will listen to them and also people are talking more often about them now than ever. this will help us in great deal. IV core team: please contact these former senators and pitch for the immigration reforms.

    so please come up with the list of people or organisation, etc....whom you can think will help our cause in this thread.

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  • jsb
    09-07 03:29 PM
    If you have receipt # of your I-485, filing or refiling I-765 and I-131 is a simple task. You can do that after 30 days, as suggested by USCIS. It is not a big loss anyway. Main thing is I-485.

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  • Bonzer
    07-19 10:13 PM
    I'm sorry to hear about your mom's situation.

    Obtaining the green card doesn't mean your mom has to come here immediately. She can attend the interview and choose to come at a later point. I'm not too familiar with the appointment process/wait times etc but it seems like a lot of hassle to have to reapply.

    Is postponement of the interview a choice?

    I dont know how long ago you obtained your green card or citizenship but these days it's a loooooooooooooooooooooong wait for the elusive GC. So grab your chance when it comes.

    That was my two cents.


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  • h1b-2007
    03-31 07:55 PM
    I am planning to complain against my employer for not paying bench pay. He says he can prove that I never reported to him. I got my status changed from H4-H1B since October2008. He already got a signed leave letter from me . Now I would like to come back to legal status. When I make a complaint to DOL how can I prove that I worked for this employer. I never visited their office personally. All the communications happened through phone and email.
    We had many e-mail communications between October to till-date. Is this enough to prove my case? How can he defend himself saying that I never reported to him. I am genuine candidate with real experience and never faked my resume. I am ready to face any legal issues. Please guide me how to proceed.

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  • senk1s
    05-14 12:20 AM
    2 cent questions ...

    Is NSC processing EB3s regularly?

    TSC is not processing EB2s as well ... are they working on EB1s only?

    Is it because the Visa #s are exhausted for the period?


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  • mnq1979
    08-31 12:58 PM
    is there any one who got the interview notice, even after replying to RFE.
    My RFE was to prove my legal status and my wife was to provide the BC.

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  • gprx100
    03-31 09:14 PM
    My lawyer initiated the PERM process late last year, the timeline was such that the prevailing wage request was filed with State Workforce Agency (SWA) on 12-30-2009. The SWA prevailing wage determination was received back by my lawyer on the 1/11/10.

    Subsequently the recruitment process started and everything was going smooth. The PERM was supposed to be filed in the first week of April. My lawyer now is saying that they need to push the application filing because of the new rule which came into effect Jan 1st which requires all prevailing wage requests to be filed with the DOL. The rule states that:

    On January 1, 2010, the U.S. Department of Labor (DOL) changed the way that prevailing wage determinations (PWDs) are processed for the PERM, H-1B, H-1B1 (Chile/Singapore), E-3 (Australia), and H-2B programs. PWDs are now issued by DOL�s National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC. Below are updated Frequently Asked Questions about the new process.

    From my understanding the new law should not be applicable to me, since we filed for the PWD on 12/30/09. I am not sure why we need to reinitiate the process, since the new law is _effective_ as of 01/01/2010.

    Is anyone in a similar situation or anyone has any advice?


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  • gc28262
    07-19 11:55 AM
    What was the original I-140 revoked for ?
    If it is not revoked for fraud or misrepresentation, you can port.

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  • Jaime
    09-15 10:23 PM
    I'm not from India but I believe in Karma. We create our own future through our actions. If we perform a good action today we can expect a good result. That is why it is so important that the undecided people attend the rally!

    Think of retrogression as Sansara. A vicious circle. It is only by acting and creating our own Karma that we will get out of Maya and see reality. Our gren cards will not fall from the sky, we have to go get them! By not going to Washington and assuming that your green card will suddenly appear out of nowhere, you are proving to yourself that you are stuck in some sort of immigration avidya.

    We need to act with selflessness as in Karma Yoga, so that we can understand how our unity will bring the results we seek, to all of us.

    Remember Arjuna when he realizes before the battle that his enemies are his own family. We at IV should not be our own enemies by not attending the rally, because we all know what Krishna told Arjuna: "Your duty is to fight"

    Instead of hurting each other, we need to use karma and our friendship for each other to unite in our common cause and fight. Remember, our duty is to fight, it is our choice then to fight against each other (by not attending the rally and letting others do it) or fight all together, united against retrogression, and create the good Karma that will ultimately defeat the broken immigration system.

    We all are family! Let's fight together friends!!! Come JOIN US IN DC!!!!


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  • GCBy3000
    07-25 06:02 PM
    Are you in consulting business. Technically you are supposed to work at the location where you have filed your LC. If you had filed prior to PERM, then you may be fortunate because pre-PREM there was a textarea where the employer could explain about where the beneficary would work. Consulting firms filled out this column in such a way that you could work anywhere in US, but your head office is xxxx. If this is the case then you should not have problems other than filling our AR-11 and sending it to DHS / USCIS.

    If it is after PERM, then you do not have any options. I am not sure how consuting firms handle this situation.

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  • abhisec
    04-09 06:20 PM
    Hello All,

    I've been a IV member for a while now and this is a fantastic resource for someone like me who�s going through the immigration process.

    As a way to give back to this community, I would like to provide the users of this forum an early advantage to a job bootcamp that my team is planning for June:

    As you can imagine, I'm trying to help people in Silicon Valley with their job search.

    Special early registration for IV members:
    Registration for this bootcamp start on April 12th, however for IV members, there's a way to get a leg up on the registration - and reserve their special offer.

    If you have any questions for me, please feel free to PM me.

    - A


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  • senk1s
    05-05 01:09 PM
    I did not know that ... So the company contracting someone has to maintain an I9 information?

    Here is what is read from the I-9 handbook

    "If you are self-employed, you do not need to complete a Form I-9 on yourself unless you are also an employee of a business entity, such as a corporation or partnership, in which case the business entity is required to complete a Form I-9 on you."

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  • obelix
    05-09 07:45 PM
    I'm seeking second opinion for my situation.

    My H1b visa has been extended for another 3yrs and my current stamped visa expires sept 2010. I work for a typical consulting company with a client at end and a vendor in the middle. I've a clean record and have been paid always for last 3yrs, without a single month gap.

    I'm visiting India in June for marriage so I wanted to go for the stamping as well. I've a situation where I'm looking for a second opinion.

    What would you do if you were in my situation:

    1. Go for visa stamping alone immediately after landing in India before marriage. Marriage is about 8-9 days after I land there. And, my spouse can go for H4 visa alone after marriage once marriage certificate is ready.

    2. Go for visa stamping after marriage with spouse as well. But I'll have only 7-8 business days based on the latest dates available after marriage.

    3. Don't go for stamping as I can return with a valid visa and I-797. My spouse can go alone after.

    I'm tending towards #2 just because if I do get stuck for some reason, I doubt they will process my application within 2-3 weeks without needing to alter the travel plan when I go with #1. So, either #1 or #2, if I've a situation in stamping then I doubt anything will get settled just in 2-3 weeks.

    I want to go with my wife just because I'll have one less work to get done and we can plan her transition from existing job.

    What will you do given same situation? Any risk that you see?

    I appreciate the thought. Please feel free to ask more information if appropriate for clarification of the situation.


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  • ranand00
    08-28 12:12 AM
    Hi company A applied for my H1 in april 1st week.
    they have got 2 rfe so far and now i am not interested in working with them(they also dont seem interested in replying to the 2nd rfe)
    Another company is interested in filing my h1b.
    what is the safest way to go about doing this.
    should i let company B know that i filed with company A before.
    Also will there be any problem in getting H1b approved because of my earlier filing

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  • coolpal
    03-23 07:25 AM
    dude.. that attitude might not help you on a public forum where people offer help/suggestions for free... and c'mon, this isn't your english class.. so I guess if you can understand 'ur' is 'your'.. you can get over it.

    coming to your point, I see no reason why you can't... only catch is, if you have already used up your 6 years of h1, then the new h1 time is in excess of 6 years, which will be approved for 3 years only if your AOS is pending and your 140 is approved.

    pal :)

    EDIT: btw, why don't you please update your profile, so it helps IV track uscis behavior.


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  • H1b_to_GC
    06-04 10:59 AM
    What did you attorney tell you to do?

    I emailed attorney and waiting for reply.

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  • mihird
    06-16 10:20 AM
    Does anyone know if you can file for I-485 on a B1/B2 or do you need to have an H4 status?

    It seems to me, you are on a B1/B2 and are contemplating a marriage to a "485 current" green card benfeciary...and subsequently filing the 485 jointly with your would be other half...

    The intention in a B class visa is very weak and its purpose very limited. It is best to not do anything while on the B visa, and relinquish the B status, then either re-enter on a stronger intent visa (H1/H4 or L1) and then file 485 or file the 485 from outside the country.

    Any change of status from a B class visa is usually looked upon with a frown by the USCIS...

    Even if you are not contemplating a marriage, but are already married for long but just happen to be in the US on a B Class visa, it is best to reliquish your B status, before doing anyting...

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  • chapper
    07-23 02:29 PM
    My suggestion: Get some tabs from a store ... label them..and finally...paste them eg:

    07-30 06:28 PM
    you can enter the country even a day before your visa expires, but the main thing here is the i-94 stamp where the immigration officer puts the duration of your will be till your visa expiry date. so it is better for you to have an approval for the extension so that you can get to stay till the expiry of your visa. do premium processing or something, you still have time...

    i am not an attorney...check this out with your attorney...

    10-15 10:49 AM
    I dont think this is going to affect non immigrant community (read as H1s, GC etc). This is all about politics to gain the support of rich and influential Indian American community for the DNC and upcoming elections.

    This is what politicians do, be it the US or India or any place on earth. BHO is one of them, isnt he? :cool:

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