samrat_bhargava_vihari
02-08 09:06 AM
What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.
L1B is comany transfer, for L1B company need to have good revenue for sponsoring L1b and L1b holder must work on the it�s country for minimum of year. Now a days there is restrictions like only computer back ground people need to apply for L1 ( BE/B.Tech in CSE,EEE,ECE) on this because companies are misusing it for no annual cab.
Since it is company transfer H1B is not eligible for L1B ( you have to work in the company home country for 1 year to be eligible) but L1B is eligible for H1b. But many of the Indian companies are not sponsoring green cards for L1A and L1b of then do then they will also face retrogression.
L1B is comany transfer, for L1B company need to have good revenue for sponsoring L1b and L1b holder must work on the it�s country for minimum of year. Now a days there is restrictions like only computer back ground people need to apply for L1 ( BE/B.Tech in CSE,EEE,ECE) on this because companies are misusing it for no annual cab.
Since it is company transfer H1B is not eligible for L1B ( you have to work in the company home country for 1 year to be eligible) but L1B is eligible for H1b. But many of the Indian companies are not sponsoring green cards for L1A and L1b of then do then they will also face retrogression.
wallpaper quot;Black Swanquot;: Natalie Portman
myan88
03-30 11:08 AM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
mikemeyers
05-11 05:18 PM
here is another questions I need to ask, if anyone can plz get them answered it will be great.
1. There was I-94 attached which was also lost. Recently, we transferred H-4 to different comany, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?
1. There was I-94 attached which was also lost. Recently, we transferred H-4 to different comany, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?
2011 “Black Swan” choreographer
Sakthisagar
11-26 10:50 AM
Sorry imh1b,
I take my words back. I did not posted any Indians Pic with President and I Have respect for Indians who reached to this level and can feel the pain of a fellow immigrants. Unfortunatey people like them dont even think they are INdian anymore. thats why I dont see any reason why try to feel happy for them because they just have Indian name.
Now all RED dots are welcome.
MC
There is nothing to reach a level or something like that, if you are politically involved you will be a friend of that Senator or Congressmen and this photo is taken way back in 2002. All Indians are not like that. Plaase correct your wrong notion, there are lot of people who still maintains their culture, Unless they just sell their culture for the selfish benefits. like Nikki, and Bobby Jindal.
I take my words back. I did not posted any Indians Pic with President and I Have respect for Indians who reached to this level and can feel the pain of a fellow immigrants. Unfortunatey people like them dont even think they are INdian anymore. thats why I dont see any reason why try to feel happy for them because they just have Indian name.
Now all RED dots are welcome.
MC
There is nothing to reach a level or something like that, if you are politically involved you will be a friend of that Senator or Congressmen and this photo is taken way back in 2002. All Indians are not like that. Plaase correct your wrong notion, there are lot of people who still maintains their culture, Unless they just sell their culture for the selfish benefits. like Nikki, and Bobby Jindal.
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avi101
05-31 06:55 PM
From what I remember from my earlier readings, you should be fine. The most they may check again is your employer letter to see that the terms of greencard continue to exist i.e. permanent job with similar job duties as in Original labor.
Also, check the AC21 and I485 forums in immigrationportal.com for more experiences.
http://boards.immigrationportal.com/forumdisplay.php?f=121
Good luck.
Also, check the AC21 and I485 forums in immigrationportal.com for more experiences.
http://boards.immigrationportal.com/forumdisplay.php?f=121
Good luck.
gc_on_demand
04-22 11:12 AM
Hello Folks
I had valid stamp till 2011 but at POE I was given H1b till Nov 2010. My lawer told me that person at POE may have made mistake. My old stamp has validity Nov 2007. So he may have overlooked and give me 3 years stay based on that stamp. ( US consulate didont put dark stamp ( Cancelled without prejuidice ) . It was just marked with pen.
Now my 6th year will expire in Nov 2011. I have I 140 approved. so when I apply for H1b ext in Nov 2010 will I get 3 years or just till Nov 2011 and then again new extention for 3 years ?
I had valid stamp till 2011 but at POE I was given H1b till Nov 2010. My lawer told me that person at POE may have made mistake. My old stamp has validity Nov 2007. So he may have overlooked and give me 3 years stay based on that stamp. ( US consulate didont put dark stamp ( Cancelled without prejuidice ) . It was just marked with pen.
Now my 6th year will expire in Nov 2011. I have I 140 approved. so when I apply for H1b ext in Nov 2010 will I get 3 years or just till Nov 2011 and then again new extention for 3 years ?
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rheoretro
09-13 03:40 PM
Please stop complaining, multiple posting of same greivance and try to do something constructive - I have been waiting for more than 5 years now too, and as frustrated as I am, I do not feel complaining will get me anywhere.
Folks, I agree that while complaining and venting are therapeutic, they are only good up to a certain point. Don't just vent on these forums. Vent, but also try and do something constructive - help recruit new members, help raise funds for UIV, talk to your bosses at work and friends who are US citizens, and make them aware of what LEGAL immigrants who are stuck in backlogs and limboland are going through. Have them write their congressmen and senators and tell them to do something about this situation.
Venting is a good first step, but we'll all need to be more constructive than this.
Folks, I agree that while complaining and venting are therapeutic, they are only good up to a certain point. Don't just vent on these forums. Vent, but also try and do something constructive - help recruit new members, help raise funds for UIV, talk to your bosses at work and friends who are US citizens, and make them aware of what LEGAL immigrants who are stuck in backlogs and limboland are going through. Have them write their congressmen and senators and tell them to do something about this situation.
Venting is a good first step, but we'll all need to be more constructive than this.
2010 #39;Black Swan#39; choreographer
Maverick_2008
02-14 03:59 PM
A) 140 or 485 gets denied and you're on EAD (it means you've already given up your H-1B)
B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)
Gurus, please correct me, if I'm wrong.
Thanks.
Maverick
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)
Gurus, please correct me, if I'm wrong.
Thanks.
Maverick
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
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rkumar28
10-22 10:32 AM
The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
Hi Prashanthi/Attorneys/Experts,
I have a little different situation. I got my GC approved in July 2010 and I am still working for the GC sponsoring company. Now, I am on bench and am waiting for projects. Would it cause any issues at the time of citizenship, if I leave my GC sponsoring company after working around 3 months(after GC approval) and take a fulltime permanent opportunity.
Your advice is helpful.
Hi Prashanthi/Attorneys/Experts,
I have a little different situation. I got my GC approved in July 2010 and I am still working for the GC sponsoring company. Now, I am on bench and am waiting for projects. Would it cause any issues at the time of citizenship, if I leave my GC sponsoring company after working around 3 months(after GC approval) and take a fulltime permanent opportunity.
Your advice is helpful.
hair Natalie Portman and Black Swan
div_bell_2003
12-19 05:01 PM
It does not look like your future green card processing will be affected by any way due to your one year absence, but you might wanna clarify with your attorney about the status of your H1 though. You didn't mention anything on this, but I'm guessing you'll be coming back to the same employer in 2010, just check with them if your one year not being in US payroll would result in revocation of your H1B and they have to apply for a fresh one once you come back.
From the GC front, you don't have anything to worry as far as my knowledge goes.
I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?
Thanks a lot.
From the GC front, you don't have anything to worry as far as my knowledge goes.
I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?
Thanks a lot.
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GCBy3000
05-03 09:24 PM
Admin,
I was eagerly looking from May 1st for the contribution update. Today is May 3rd and it still shows the contribution as of April 28. Could you please update so that all of us can know the acheivement as of May 1st.
I was eagerly looking from May 1st for the contribution update. Today is May 3rd and it still shows the contribution as of April 28. Could you please update so that all of us can know the acheivement as of May 1st.
hot her partner in Black Swan
EkAurAaya
10-11 01:03 PM
My labor cert priority date is Aug 21, 2006 and my 140 EB2 was filed in Dec 20, 2006 and I received the RFE last week from NSC.
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
One of my friend got his degree certificate after 3 years but in his case he had to submit his final project (without which they would not consider the course complete)... in your case if you have completed all requirements then all you have to do is get an official letter from your school supporting your claim (that you completed all required courses in time), i think that should suffice...
Go with what your lawyer suggests
Good luck
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
One of my friend got his degree certificate after 3 years but in his case he had to submit his final project (without which they would not consider the course complete)... in your case if you have completed all requirements then all you have to do is get an official letter from your school supporting your claim (that you completed all required courses in time), i think that should suffice...
Go with what your lawyer suggests
Good luck
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house Natalie Portman amp; Benjamin
redgreen
06-06 05:16 PM
We are interested in knowing the source of this rule!
If you pay the new fee for EAD or AP, there is no mention that you won't have to pay again for EAD or AP. You don't have to pay for EAD and/or AP if you had paid new fee for I-485.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
If you pay the new fee for EAD or AP, there is no mention that you won't have to pay again for EAD or AP. You don't have to pay for EAD and/or AP if you had paid new fee for I-485.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
tattoo Black Swan choreographer
harsh
12-30 11:17 AM
what is interesting is why is EB2 stuck on Jan 2003? At least with EB3 we know that due to 245(i) it was stuck for a long time in April. I still can't figure out EB2 is stuck for such a long time in Jan 03.
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pictures quot;Black Swanquot; choreographer
Waitnwait
01-26 12:58 PM
i have asked the question to president. i guess number of votes matter on what questions will be asked. so i request to all of you to vote for my question.
Please search for this text
"antcipate any relief for skilled immigrants in near future?"
and vote for it... Good luck
Please search for this text
"antcipate any relief for skilled immigrants in near future?"
and vote for it... Good luck
dresses Black Swan choreographer
gc28262
03-09 11:51 AM
Read the earlier posts. The person is not working. How will you fill I-9 when you have stopped working?
She could have filed I9 form on the last day or penultimate day of work. Straightforward thing to do is employer giving her a termination letter or her submitting a resignation letter on the last day of employment.
She could have filed I9 form on the last day or penultimate day of work. Straightforward thing to do is employer giving her a termination letter or her submitting a resignation letter on the last day of employment.
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makeup Choreographer Benjamin
unknown123
03-13 11:34 PM
Looks like this is comming for most of us after recent spate of RFEs on I-485 regarding re-submission of medical examination, birth certificate, etc...
Thanks gc_check for the link
Thanks gc_check for the link
girlfriend and choreographer Benjamin
chanduv23
01-05 12:03 PM
Is Eb3 --> Eb2 porting a wide spread phenomina?
seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough
seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough
hairstyles Black Swan#39;s Choreographer
sts_seeker
07-05 04:29 PM
What do you mean by stop jumping the line.My PD is from 2004
wandmaker
11-16 11:29 AM
Please Help since I dont know what to do as I was expecting the EAD card to start a new job.
Wait for 30 days from the EAD mailing date and open a SR with USCIS and take infopass appointment. Discuss the issue with CSR & IO. They will tell you exactly what you need to do.
Wait for 30 days from the EAD mailing date and open a SR with USCIS and take infopass appointment. Discuss the issue with CSR & IO. They will tell you exactly what you need to do.
deba
04-13 05:40 PM
Correct me if I am wrong...but I believe a bill has to pass in both Senate and Congress and signed by President to be enacted into law. Currently the H1/EB bills are only presented in Senate. Any comments?
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