yoda
09-21 11:09 AM
Let us give IV Core a few more days to think through and recommend the next course of action. Many must have returned home from DC only yesterday after being present even on Wed. after the majority of us had returned.
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sreenivaskk
05-23 11:45 PM
Thanks for your efforts.
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Donated $50 through paypal
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hydboy77
02-13 06:38 PM
Getting rid of semilar\same job requirement is going to be as easy or as difficult as getting prefiling AOS.
Getting rid of same\semilar job is not semilar to getting to green card. If you are a software person then you can put a restriction that you have to work in a software related job, in the same way if you a civil engineer then you should work in the civil engineering field. But the way USCIS does same\semilar job is job code match, responsibilities match etc etc etc, the problem with this is it is a very grey area, it is almost like doing labor all over again. It has not become that bad yet but it will sooner or later, how many H1b rfe\denials did you know in the last 2 years, I bet there are more H1 denials in the last 2 months than the whole of last 4 years.
I understand you are not being selfish but why would anybody want to use EAD instead of H1 other than for getting rid of visa stamping purposes. The overwhelming majority of people are going to use EAD to switch jobs because of layoff . When people are transfering H1b because of layoffs they are getting rfe\denial notices, when you move from H1b to EAD because of layoff USCIS might hit you with the same\semilar job rfe (when you file ac21, when previous employer revokes H1 or I140), that is my point.
What I am saying is bring in protection to AOS by
-removing the same or semilar job requirement in AC21
Its not that easy to make this adjustment. If you take out this clause a person can work any where and this is more like a green card. For example a software person can even work in a gas station. I am afraid, this cannot be done as easy as you think.--- Again, I am not saying that it should not be done; all I am saying is let us keep this as a separate item
Kiran :)
Getting rid of same\semilar job is not semilar to getting to green card. If you are a software person then you can put a restriction that you have to work in a software related job, in the same way if you a civil engineer then you should work in the civil engineering field. But the way USCIS does same\semilar job is job code match, responsibilities match etc etc etc, the problem with this is it is a very grey area, it is almost like doing labor all over again. It has not become that bad yet but it will sooner or later, how many H1b rfe\denials did you know in the last 2 years, I bet there are more H1 denials in the last 2 months than the whole of last 4 years.
I understand you are not being selfish but why would anybody want to use EAD instead of H1 other than for getting rid of visa stamping purposes. The overwhelming majority of people are going to use EAD to switch jobs because of layoff . When people are transfering H1b because of layoffs they are getting rfe\denial notices, when you move from H1b to EAD because of layoff USCIS might hit you with the same\semilar job rfe (when you file ac21, when previous employer revokes H1 or I140), that is my point.
What I am saying is bring in protection to AOS by
-removing the same or semilar job requirement in AC21
Its not that easy to make this adjustment. If you take out this clause a person can work any where and this is more like a green card. For example a software person can even work in a gas station. I am afraid, this cannot be done as easy as you think.--- Again, I am not saying that it should not be done; all I am saying is let us keep this as a separate item
Kiran :)
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green_card_06
09-28 12:58 AM
My company went through a 10% workforce reduction company-wide just when my PERM application was ready to be filed. Although nobody from my group has been affected, 2 people with the same job title from a different group in the same office were affected. Their job descriptions are entirely different. I have about a year and a half before my H1B expires. I would appreciate anybody answering the following questions I have:
1. In Form 9089, should the answer to Item 26 be 'No' since nobody in my group or area of expertise was affected?
2. If the answer to Item 26 should be 'Yes', is it sufficient to notify and consider the people laid off? I am confident that they will not qualify for the position. How long should this 'notification and interview' period typically be?
3. I have heard that my company can be sent an audit notice. In such a case, is it sufficent to justify that the area of expertise is different. What is the success rate for this?
4. If the audit response is rejected, what happens then? I have been told that the employee will have to return to his home country immediately and cannot refile his PERM application.
1. In Form 9089, should the answer to Item 26 be 'No' since nobody in my group or area of expertise was affected?
2. If the answer to Item 26 should be 'Yes', is it sufficient to notify and consider the people laid off? I am confident that they will not qualify for the position. How long should this 'notification and interview' period typically be?
3. I have heard that my company can be sent an audit notice. In such a case, is it sufficent to justify that the area of expertise is different. What is the success rate for this?
4. If the audit response is rejected, what happens then? I have been told that the employee will have to return to his home country immediately and cannot refile his PERM application.
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maddipati1
11-03 05:25 PM
thx div_bell.
sorry, i missed the obvious. In the links i posted earlier and also on I-131 instr page, it clearly states that Bio-Metric is a must for 1) Re-Entry doc and 2) Refugee doc, but not Advance Parole. duh! :-)
But i think when u e-file they ask for FP even though its Advance Parole.
im paper-filing now wiht no FP fee.
sorry, i missed the obvious. In the links i posted earlier and also on I-131 instr page, it clearly states that Bio-Metric is a must for 1) Re-Entry doc and 2) Refugee doc, but not Advance Parole. duh! :-)
But i think when u e-file they ask for FP even though its Advance Parole.
im paper-filing now wiht no FP fee.
wandmaker
03-20 07:47 PM
I have got an RFE for 485 application. USCIS is asking me for Employment Letter, Paystubs and W2 for the employer I NEVER worked. (I have typed exact message below)
*
This is my situation-
I worked for 'Employer #1' from Jan-2000 to Jan-2005
Then I started working with 'Employer #2' from Jan-2005 to present. Employer #2 filed my H1/Labor/140/485. I am still working for Employer #2
*
However, I thought of changing job in 2006 and 'Employer X' offered me a job and sponsored my H1 and it got approved too, but I changed my mind and decided to continue with my current employer (Employer #2) and I am still with Employer #2. Please note my latest H1B was sponsored by “Employer X”, but I never worked for this Employer.
*
Please advice-
1) What should I send to USCIS? As I don’t have (can’t get) Employment Letter, Paystubs and W2 for “Employer X”
2) Would you consider this as simple case or complicated?
3) Should I hire attorney? (I self filed my 485 in July-2007)
*
*
This is the exact text - (changed Employer names)
Service records indicate that you were granted an H1-B nonimmigrant worker classification for employment from DEC 11, 2006 to DEC 11, 2009 for “Employer X"-. However, according to the G-325a submitted with your application, you had only worked for "Employer #1" from Jan-2000 to Jan-2005 and for the "Employer #2" from Jan-2005 to the present. Please provide evidence that you were employed with “Employer X". Such evidence may include copies of: employment letter, pay stubs or w2s
Thank you for your time and help.
Ask your attorney to write a letter in response to RFE and explaining the situation you never took the job with employer X though the H1B transfer or new is approved, this will clear the query of USCIS. One catch, you should have maintained a continuous employment with #2 and demonstrate the same to USCIS. Good luck!
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, so there is no question that you recent h1 is valid and past is invalid. Get an attorney, Good weekend
*
This is my situation-
I worked for 'Employer #1' from Jan-2000 to Jan-2005
Then I started working with 'Employer #2' from Jan-2005 to present. Employer #2 filed my H1/Labor/140/485. I am still working for Employer #2
*
However, I thought of changing job in 2006 and 'Employer X' offered me a job and sponsored my H1 and it got approved too, but I changed my mind and decided to continue with my current employer (Employer #2) and I am still with Employer #2. Please note my latest H1B was sponsored by “Employer X”, but I never worked for this Employer.
*
Please advice-
1) What should I send to USCIS? As I don’t have (can’t get) Employment Letter, Paystubs and W2 for “Employer X”
2) Would you consider this as simple case or complicated?
3) Should I hire attorney? (I self filed my 485 in July-2007)
*
*
This is the exact text - (changed Employer names)
Service records indicate that you were granted an H1-B nonimmigrant worker classification for employment from DEC 11, 2006 to DEC 11, 2009 for “Employer X"-. However, according to the G-325a submitted with your application, you had only worked for "Employer #1" from Jan-2000 to Jan-2005 and for the "Employer #2" from Jan-2005 to the present. Please provide evidence that you were employed with “Employer X". Such evidence may include copies of: employment letter, pay stubs or w2s
Thank you for your time and help.
Ask your attorney to write a letter in response to RFE and explaining the situation you never took the job with employer X though the H1B transfer or new is approved, this will clear the query of USCIS. One catch, you should have maintained a continuous employment with #2 and demonstrate the same to USCIS. Good luck!
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, so there is no question that you recent h1 is valid and past is invalid. Get an attorney, Good weekend
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outsideUS
07-08 02:04 PM
The intent about letting foreigners come to work in US is to fill the gap between the demand and the local availability of skills. It is not about rewarding the foreigners academic skills.
If you want to work here, then get skills in a field where there is a shortage here and you will not have problems with H1 sponsorship.
When you did your Masters degree in US, you should have been more smart in selecting your area of study.
Why should US allow foreigners to work against its citizens when there is no shortage of skill.
Your frustation is understandable from your perspective but definitely not from a US citizens perspective.
I really take exception to that comment. I have 2 Masters degrees (one from the US)...unfortunately they are not in Engineering/Science. What people don't seem to realize is that it is extemely difficult to get an H1-B if you are from a Humanities/Liberal Arts background. I'm a teacher and there are jobs in my field...the only problem is that school districts/community colleges/universities are unwilling to sponsor H1-Bs!
If you want to work here, then get skills in a field where there is a shortage here and you will not have problems with H1 sponsorship.
When you did your Masters degree in US, you should have been more smart in selecting your area of study.
Why should US allow foreigners to work against its citizens when there is no shortage of skill.
Your frustation is understandable from your perspective but definitely not from a US citizens perspective.
I really take exception to that comment. I have 2 Masters degrees (one from the US)...unfortunately they are not in Engineering/Science. What people don't seem to realize is that it is extemely difficult to get an H1-B if you are from a Humanities/Liberal Arts background. I'm a teacher and there are jobs in my field...the only problem is that school districts/community colleges/universities are unwilling to sponsor H1-Bs!
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akred
03-14 12:03 AM
Suppose I initially worked as an Engineer, and got labor and I-140 approved. Now, say I totally change my field to become a Business Development Manager, can I still port the older PD from the previous I-140 (assuming that a new labor and 140 will need to be filed for the new job) or does the job have to be same or similar for me to port the older PD?
Any inputs? Thanks!
Of course. In fact this type of career change is required if you want to port a PD (EB3->EB2) while using experience gained with the same employer to qualify for the job.
Any inputs? Thanks!
Of course. In fact this type of career change is required if you want to port a PD (EB3->EB2) while using experience gained with the same employer to qualify for the job.
more...
agiridhar
06-13 12:51 PM
A friend of mine transferred his H1b from company A to company B. He applied for the H1b transfer and then started working on company B. His H1b from company A expired while his petition was pending with USCIS. He received an RFE after 3 months. Company B responded to RFE but received one more RFE for the previously responded RFE. Now my friend fears that his H1b transfer petition may be denied. Would it be possible for my friend to return to company A and apply for H1b under premium processing even though his H1b with this company expired couple of months back? He has been working all this while on the basis that his petition is still pending with USCIS. Any suggestions or advise would be much appreciated.
Legally you can start working for company B once you get the receipt.
think there is no limitation on number of H1's filed for one. so you can go back to company A for the H1 or go to a new company C for that matter.
and as always get a lawyers opinion.
Legally you can start working for company B once you get the receipt.
think there is no limitation on number of H1's filed for one. so you can go back to company A for the H1 or go to a new company C for that matter.
and as always get a lawyers opinion.
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go_guy123
08-23 01:07 AM
The placement statistics from the Rotman school of Management website is quite impressive.
I've a few questions for you. How bright are the job prospects after doing an MBA from U of T in the current recession wolrd? Are part-time MBA students given equal opportunity in job placements? What's the % of placement among Canadian vs US employers?. Howmuch salary can a person with Engineering degree + US experience + Canadian MBA expect to get?
Placement statistics there are hyped up. Not that great. However the US ones are also hyped. So lets be fair here. US school dont tell
foreign students that without GC employers dont even want to look at you. Even Harvard foreign students are having a very bad time.
Plus here they allow spouse to work. If the marriage is more than 3 years , then that
spousal work permit leads to resident tuition as well. In US F4 cant work. Even you cant work off campus. Without working you have to support 2 persons (for married people)
Compared to Canada, US literally treats foreign students like dogs....I dont understand why people from India still come to do MS in US. Yes I know I have done MS in US and MBA in Canada....so I can compare first hand.
Let me be honest. Opportunities in Canada is no way compared to US for a US Citizen/GC.
However if you are not a US Citizen/GC then you are far better off in Canada.
Lately Rotman is a bit too expensive for non-resident tuition. So I wont recommend that to international students. However you can choose U of Calgary etc. I was a PR before I joined Rotman so I got loans, worked part more than 20 hrs week (often more than 30 hrs). Leaving H1B job in US for a MBA in Canada was one of the best decisions I have taken. In fact I was so convinced that I should not do MBA in US that I didnt even apply in
US schools.
Answering your specific questions
International students in Canada are doing better than international students in US who need an H1B. In Canada after 1st they all applied for
PR and are close to getting PR Plus they get 3 year unrestricted work permit. It has been bad. But now I see eventually all are getting full time employment.
Part time students cant apply through the full time career center. But they can talk and annend info session. Most people including fulltime
MBA get jobs outside career center.
US experience isnt give a premium. Canadian experience is always prefered. 60K to 70K is the typical salaries that foreign students are getting. Well I never said that Canadian oppotunities are great but what i can say is that Canada is a better option if you are not a
GC/USC.
It is hard to compare Canada vs India. India as other problems. If you want finance sector jobs then it is Bombay. It involves long travel
of 2 hours in locals each way. 4 hours travel...there is no personal time left after work. I personally cant take it...it might be different
for others. Power problems, traffic jam etc is there. It about what you consider quality of life, and that is different from person to person.
I've a few questions for you. How bright are the job prospects after doing an MBA from U of T in the current recession wolrd? Are part-time MBA students given equal opportunity in job placements? What's the % of placement among Canadian vs US employers?. Howmuch salary can a person with Engineering degree + US experience + Canadian MBA expect to get?
Placement statistics there are hyped up. Not that great. However the US ones are also hyped. So lets be fair here. US school dont tell
foreign students that without GC employers dont even want to look at you. Even Harvard foreign students are having a very bad time.
Plus here they allow spouse to work. If the marriage is more than 3 years , then that
spousal work permit leads to resident tuition as well. In US F4 cant work. Even you cant work off campus. Without working you have to support 2 persons (for married people)
Compared to Canada, US literally treats foreign students like dogs....I dont understand why people from India still come to do MS in US. Yes I know I have done MS in US and MBA in Canada....so I can compare first hand.
Let me be honest. Opportunities in Canada is no way compared to US for a US Citizen/GC.
However if you are not a US Citizen/GC then you are far better off in Canada.
Lately Rotman is a bit too expensive for non-resident tuition. So I wont recommend that to international students. However you can choose U of Calgary etc. I was a PR before I joined Rotman so I got loans, worked part more than 20 hrs week (often more than 30 hrs). Leaving H1B job in US for a MBA in Canada was one of the best decisions I have taken. In fact I was so convinced that I should not do MBA in US that I didnt even apply in
US schools.
Answering your specific questions
International students in Canada are doing better than international students in US who need an H1B. In Canada after 1st they all applied for
PR and are close to getting PR Plus they get 3 year unrestricted work permit. It has been bad. But now I see eventually all are getting full time employment.
Part time students cant apply through the full time career center. But they can talk and annend info session. Most people including fulltime
MBA get jobs outside career center.
US experience isnt give a premium. Canadian experience is always prefered. 60K to 70K is the typical salaries that foreign students are getting. Well I never said that Canadian oppotunities are great but what i can say is that Canada is a better option if you are not a
GC/USC.
It is hard to compare Canada vs India. India as other problems. If you want finance sector jobs then it is Bombay. It involves long travel
of 2 hours in locals each way. 4 hours travel...there is no personal time left after work. I personally cant take it...it might be different
for others. Power problems, traffic jam etc is there. It about what you consider quality of life, and that is different from person to person.
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Macaca
09-13 01:37 PM
The winners in life
think constantly in terms of
I can,
I will, and
I am.
Losers, on the other hand,
concentrate their waking thoughts on
what they should have or
would have done, or
what they can't do
Denis Waitley
think constantly in terms of
I can,
I will, and
I am.
Losers, on the other hand,
concentrate their waking thoughts on
what they should have or
would have done, or
what they can't do
Denis Waitley
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waitnwatch
05-31 10:44 AM
This is a slippery slope,
"would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience"
the keyword is "certain", in skil that "certain" meany MS or PHD, what does this certain mean, it all depends on the definition of certain, it would be nice if the use the same definition of skil (masters and phd)
Please have a look on thomas. The "certain" is clearly defined in proposed SA 1249 to S. 1348.
"would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience"
the keyword is "certain", in skil that "certain" meany MS or PHD, what does this certain mean, it all depends on the definition of certain, it would be nice if the use the same definition of skil (masters and phd)
Please have a look on thomas. The "certain" is clearly defined in proposed SA 1249 to S. 1348.
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akbose
04-26 12:28 PM
Transaction ID #9R925187D47583011
Happy to be a part of IV .
Happy to be a part of IV .
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gsc999
02-08 03:15 PM
I am volunteering at a temple next weekend and I will take some templates there for signatures
Templar of the Temple Templates, have fun :)
Templar of the Temple Templates, have fun :)
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TheOmbudsman
07-19 03:24 PM
I am sorry to tell you that by going to Canada, in the end you may be better off going back home. I lived there as a PR and I have many Canadian citizens that are tired of the lame system back in the Socialist Canada.
Still your end in mind is US. Ok when I have a job in US and waiting in retrogression, what is the adavantage of having canadian PR and moving there unless otherwise you get a jump in career.
Just becos it is retrogressed and you have canadina PR, there is no advantage in moving to Canada.
Still your end in mind is US. Ok when I have a job in US and waiting in retrogression, what is the adavantage of having canadian PR and moving there unless otherwise you get a jump in career.
Just becos it is retrogressed and you have canadina PR, there is no advantage in moving to Canada.
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Dhundhun
06-27 05:29 PM
But the way TSC is going they might be able to approve it with his/her photo from last year :)
They go by photo not older than 30 day. Probably if they don't follow their rule ...
It would be a breach of security related matter.
They go by photo not older than 30 day. Probably if they don't follow their rule ...
It would be a breach of security related matter.
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gneerajg
07-18 12:50 PM
They will definitely accept the copies of the check. The reason I applied my I-140 in May 07 and didn't got any receipt and I intend to file PPS for which I require copy of I-140 but when I talked to the customer service they suggested me this solution and after that I got my check photocopies from my employer
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EkAurAaya
04-10 05:38 PM
long story short - the grief of the anti-immigrant is... i can no longer view what's happening behind the scenes :(:( i was happy to keep quite and watch whats going on... but now i have to create commotion and risk being banned :(:(
About me: i m not a "donor" but I've donated in the past... and I've no problems with IV having donor only updates/discussions, because i know the simple fact - what the core and donors do, will in no way harm my interest :)
I don't participate in the effort as much... then i don't have any right to bark at ones who are doing it for me...
About me: i m not a "donor" but I've donated in the past... and I've no problems with IV having donor only updates/discussions, because i know the simple fact - what the core and donors do, will in no way harm my interest :)
I don't participate in the effort as much... then i don't have any right to bark at ones who are doing it for me...
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zephyrr
07-23 03:39 PM
Here is my take on usabal, the firm is well known in the Bay Area, so if you are in that area, you are ok.
For TX, they acquired the firm Jenkens and Gilchrist last year. Jenkens attorneys are very conservative, and if you happen to work for a big employer who has hired Berry, Appleman... you are screwed.
They may still work out ok for you on an individual basis, I would stay away from their TX office for sure.
Berry, Appleman & Leiden LLP is very good firm. I have very good experience with them. They completed all my paper work on Jun 30, so that they can file by July 2. Also the attorney and the para-legal were really good and replied to my questions patiently. The website is http://www.usabal.com/
Karthik
For TX, they acquired the firm Jenkens and Gilchrist last year. Jenkens attorneys are very conservative, and if you happen to work for a big employer who has hired Berry, Appleman... you are screwed.
They may still work out ok for you on an individual basis, I would stay away from their TX office for sure.
Berry, Appleman & Leiden LLP is very good firm. I have very good experience with them. They completed all my paper work on Jun 30, so that they can file by July 2. Also the attorney and the para-legal were really good and replied to my questions patiently. The website is http://www.usabal.com/
Karthik
grupak
12-10 01:18 PM
IV is more than a website. We are trying to build a grassroots organization. Things are taking place offline as well.
It takes time to build the base. Strengthening the state chapters is one of the best thing we can do. Our first chapter meeting was very small as well but we will build from there. More members are forthcoming to meet lawmakers now.
pansworld: I might be able to help reach out to more people in NM
It takes time to build the base. Strengthening the state chapters is one of the best thing we can do. Our first chapter meeting was very small as well but we will build from there. More members are forthcoming to meet lawmakers now.
pansworld: I might be able to help reach out to more people in NM
qasleuth
03-05 09:25 AM
Count me in for the contribution...
me too
me too
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