newbie09
08-05 07:57 PM
Need help!!!
I'm in US on L1 with company A, company B filed for H1B in Apr'09, H1 is not yet approved, and my L1 is also expiring in Nov'09. Since I'm not sure if I will get H1 approved, I have applied for L1 extension with company A.
My question is:
1. What will happen if I get H1 approved before Oct'09? Will I have to leave Company A and start working for compay B (H1) from 1st Oct even when L1 extension is in process?
2. If L1 extension is approved before 1st Oct, will I be able to continue working for comapny A, even if my H1 is approved?
Basically I don't want to be out of status or do anything against visa rules.
Please guide me on this situation.
I'm in US on L1 with company A, company B filed for H1B in Apr'09, H1 is not yet approved, and my L1 is also expiring in Nov'09. Since I'm not sure if I will get H1 approved, I have applied for L1 extension with company A.
My question is:
1. What will happen if I get H1 approved before Oct'09? Will I have to leave Company A and start working for compay B (H1) from 1st Oct even when L1 extension is in process?
2. If L1 extension is approved before 1st Oct, will I be able to continue working for comapny A, even if my H1 is approved?
Basically I don't want to be out of status or do anything against visa rules.
Please guide me on this situation.
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ps57002
09-19 10:01 PM
I didn't mean it in a "against illegal immgration" way. That's the downside of trying to communicate using words online, you can't tell the what other person is really saying at times. What I want (using other slogans if necessary) is to educate people that there is a difference in immigration. As soon as people hear the word immigration, to them it means "illegal" and there has to be some way (using appropriate slogans) to communicate that....that's all :)
satysh
07-17 03:59 PM
NumberUSA removed the fax now.
http://numbersusa.com/faxcenter
Our collective effort worked. Knowledge & truth always wins. We need to put collective effort to research and attack the contents of these kinds of groups.
http://numbersusa.com/faxcenter
Our collective effort worked. Knowledge & truth always wins. We need to put collective effort to research and attack the contents of these kinds of groups.
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qasleuth
05-26 05:50 PM
Clearly dude, you have no idea what you are talking about. we are not talking about a situation like what to do if a thug holds you at gunpoint and asked for money. we talking about a Govt rule or law. it's about what is right and what is wrong. The officer could throw a bad word at you like "i am pretty sure you are terrorist" which would be in our favor. worst case he would shoot me, but chances of that happening are next to zero.
I want to remain silent, raise suspicion, make them scramble to find out who i am, make them feel like working hard only to find out that I have made a fool of them. That's the only way they would realize how stupid the rule is.
Just imagin that Sunday 1000 people had remained silent, they would have to call to their superiors for more officers, more cars, more laptops, documents, more running around, etc. That would have become an issue in the state senate where the budget is already tight, they are fighting for pennies and the nonsense border patrol has spent millions in a day to find NOTHING (because ALL illegals had escapped by saying one word "CITIZEN").
BUT... it needs guts to do that, not sure if you fall in that category.
It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.
I want to remain silent, raise suspicion, make them scramble to find out who i am, make them feel like working hard only to find out that I have made a fool of them. That's the only way they would realize how stupid the rule is.
Just imagin that Sunday 1000 people had remained silent, they would have to call to their superiors for more officers, more cars, more laptops, documents, more running around, etc. That would have become an issue in the state senate where the budget is already tight, they are fighting for pennies and the nonsense border patrol has spent millions in a day to find NOTHING (because ALL illegals had escapped by saying one word "CITIZEN").
BUT... it needs guts to do that, not sure if you fall in that category.
It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.
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k94
11-22 02:41 PM
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
fcres
07-24 04:48 PM
Well according to this FAQ dated 07/23 they will accept application without medical report (Qn# 13) which is also an initial evidence. So i hope EVL is also ok.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
My lawyer agreed to send the EVL separate eventhough he said he does not foresee a rejection on the case on this ground. He said its not advised to send another 485, just sent a cover letter and the EVL.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
My lawyer agreed to send the EVL separate eventhough he said he does not foresee a rejection on the case on this ground. He said its not advised to send another 485, just sent a cover letter and the EVL.
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PresidentO
11-13 02:28 AM
Spill over does not need to happen every Q. It is purely based on demand and supply. If the visa office sees demand go south ( read really really south) and do not expect the demand to pick up for the rest of the year, yeah then the visa office will move the dated forward using spill over. if the demand is enough, meaning categories that are current are just using fine and CIS has enough backlogs VO does not move dates.
The most pre cautious option is (esp now that there are a shit load of pre adjudicated cases) is to leave the numbers for categories that are current until the final Q and then move the dates so that all current categories got a best shot at the visa number before it goes to the retrogressed. The visa office is pretty savvy and the numbers we saw from USCIS might be way off the real numbers the visa office sees and assigns a visa number for. Based on last 3 years, it seems that the DOS/VO knows the importance of visa numbers.
if you are talking lawsuit because you are frustrated, yeah vent it out. But if you are really serious go ahead and check the INA act and verify whether the INA act actually talks about quarterly allocation. Come up with the ground work, have a point and then think about lawsuit. No point in hallucinating.
Just an F Y I, I havent read all 5 pages of this thread
The most pre cautious option is (esp now that there are a shit load of pre adjudicated cases) is to leave the numbers for categories that are current until the final Q and then move the dates so that all current categories got a best shot at the visa number before it goes to the retrogressed. The visa office is pretty savvy and the numbers we saw from USCIS might be way off the real numbers the visa office sees and assigns a visa number for. Based on last 3 years, it seems that the DOS/VO knows the importance of visa numbers.
if you are talking lawsuit because you are frustrated, yeah vent it out. But if you are really serious go ahead and check the INA act and verify whether the INA act actually talks about quarterly allocation. Come up with the ground work, have a point and then think about lawsuit. No point in hallucinating.
Just an F Y I, I havent read all 5 pages of this thread
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theperm
03-15 05:44 PM
i know ppl woth PD late Dec 2004 still waitng .
please elaborate what ur trying to say ? or am I not catching on to something?
-no offense.
please elaborate what ur trying to say ? or am I not catching on to something?
-no offense.
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vghc
07-03 11:59 AM
If you call it re-distribution of pain, I would call it sharing the pain. I think its high time ROW candidates felt the pain which we non-ROW have suffered for a long time. You are objecting just because you are on the better side and wish to continue with the better bargain. If you think about it as a EB group in general, then its absolutely ridiculous that there should be country limits for EB category GC when there is no limits on H1B which is the primary route for most EB category GC applications. I completely agree with you on the family quotient of your arguement, they should not get the GC numbers which is meant only for primary EB applicant. Not that I want families to suffer, but the family GC numbers for EB applicants should not count towards GC number cap.
Don't be ignorant, i am still bloody waiting for mine and counting!!!! :mad:
Problem is not country quota, its the ones with families!!! ><
Don't be ignorant, i am still bloody waiting for mine and counting!!!! :mad:
Problem is not country quota, its the ones with families!!! ><
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crazyghoda
01-30 01:14 PM
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
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feedfront
09-17 02:02 PM
Attorney will contact us as soon as they get letter. They are not going to respond w/o service fee.
Chillax, it's Friday. We'll definitely get it by next week.
Chillax, it's Friday. We'll definitely get it by next week.
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Madhuri
01-16 03:17 PM
Just set up monthly $20 contribution from my bank account.
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maddipati1
07-11 10:12 PM
the current 485 processing dates for both NSC and TSC are in July'07.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
which means, processing of all the 485's with a PD before July'07 are completed and ready to be assigned a visa number.
and now VISA numbers are available.
also, i heard abt namecheck ruling, they will give u GC even if ur 485 is stuck in namecheck, which was worst way of getting stuck for lot of guys.
so, every EB2-I with a PD before 01JUN06 will get a GC shortly.
140 pending, RFE, clerical error cases are exception to this.
these guys will definetely get GC in OCT'08.
surely they will make EB2-I unavailable in next month, coz, there are no more VISA #s available for this year,
but in OCT they will resume from 01JUN06 minus 'the guys whose PD is before 01JUN06 and their application processing is completed (140 approved, satisfied RFE etc ) '
it looks all good for EB2-I guys have fun.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
which means, processing of all the 485's with a PD before July'07 are completed and ready to be assigned a visa number.
and now VISA numbers are available.
also, i heard abt namecheck ruling, they will give u GC even if ur 485 is stuck in namecheck, which was worst way of getting stuck for lot of guys.
so, every EB2-I with a PD before 01JUN06 will get a GC shortly.
140 pending, RFE, clerical error cases are exception to this.
these guys will definetely get GC in OCT'08.
surely they will make EB2-I unavailable in next month, coz, there are no more VISA #s available for this year,
but in OCT they will resume from 01JUN06 minus 'the guys whose PD is before 01JUN06 and their application processing is completed (140 approved, satisfied RFE etc ) '
it looks all good for EB2-I guys have fun.
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pitha
02-21 04:05 PM
I agree with you but I am not frustrated but pointing out the realities. See what happenned to labor substitution. People misused it and the end result is there in no labor substitution any more. The way people are misusing eb2 it is just a matter of time when it would be almost impossible to get eb2 even for genuine job requirement. USCIS and DOL know what happenning with EB2 and they will crack down.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
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feedfront
11-08 11:39 AM
Nope, not yet.
Congratulations,!! Is your card really green or pollution has some effect on it? ;)
Congratulations,!! Is your card really green or pollution has some effect on it? ;)
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desi3933
02-09 03:14 PM
And reply you will never get.
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
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ponnuswamyp
09-27 12:57 PM
I am worried bcoz, on my EAD card its written "NOT VALID FOR REENTRY TO U.S."
what does this mean?
Please advise.
Thanks
Mahesh
It means you can not use EAD as a travel document to reenter to U.S. You should have valid Visa for reentry.
what does this mean?
Please advise.
Thanks
Mahesh
It means you can not use EAD as a travel document to reenter to U.S. You should have valid Visa for reentry.
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alterego
07-14 09:37 PM
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
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sunny1000
04-25 12:27 PM
Congrats Googler! Wish you the very best. We appreciate all the inputs from you and hope that you will stick around with IV!!
Abhinaym
09-10 10:42 AM
It seems I don't have the number of posts necessary to log in. Is there anyway I can just view the live updates?
abd
09-17 03:35 PM
I changed employer and location. So I was asked to clarify the location change if I am still with the sponsoring employer or submit a letter from a current employer stating duties salary etc. Replied to them and they are evaluating the response.
How many days have passed snce they received your response? Was yours similar to mine. Please look at Page 1 of this thread of my detailed RFE. Did the sttus change for you to "Review"? Sorry so many questions but my attorney is sending the response overnight today and i am so nervous and anxious and scared and.... etc.
How many days have passed snce they received your response? Was yours similar to mine. Please look at Page 1 of this thread of my detailed RFE. Did the sttus change for you to "Review"? Sorry so many questions but my attorney is sending the response overnight today and i am so nervous and anxious and scared and.... etc.
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