chanduv23
09-14 02:12 PM
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jcseeker
04-17 09:24 AM
it isnot dependent on how gradual your change is. If your LC process takes 10 years, you can gradually move to VP position. It does not mean it is legal. You should never change your job duties dramatically. You could move from Software engineer to Sr. Software engineer and not to Team lead or project manager. Again, it is not hard and fast rule. Legally, you could take up any job as long as you move back to the job described in the LC after the adjustment of status(I485).
Again the entire GC is for future job. I did not say "YOU HAVE TO" stay in that job. May be my wording is little bit wrong. It is always better to stay with the same company atleast for 6 months and min of one year after you get GC. If you do not, then if you intent to become citizen, there may be some questions regarding your intent for GC. I am not an attorney, but whatever, I have expressed above came directly from my company attorney.
Thanks
I am getting promoted to a manager's position. This postion requires the same technical knowledge and has the same job resposibilities. Apart from this, it has people management responsibilities. My lawyer said that since it is in the same devision and just added responsibilities it is fine. We just have to put the new position while applying for the next H1B.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
Again the entire GC is for future job. I did not say "YOU HAVE TO" stay in that job. May be my wording is little bit wrong. It is always better to stay with the same company atleast for 6 months and min of one year after you get GC. If you do not, then if you intent to become citizen, there may be some questions regarding your intent for GC. I am not an attorney, but whatever, I have expressed above came directly from my company attorney.
Thanks
I am getting promoted to a manager's position. This postion requires the same technical knowledge and has the same job resposibilities. Apart from this, it has people management responsibilities. My lawyer said that since it is in the same devision and just added responsibilities it is fine. We just have to put the new position while applying for the next H1B.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
chanduv23
08-09 08:39 AM
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nk2
09-22 02:43 PM
Made a contribution today and also made 1 member
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mhathi
02-03 05:10 PM
Tomplate,
My lawyer had also asked me to keep 485 receipt and EAD with me, but I was not asked to show anything but my passport and the AP documents. They did not even ask for 485 receipts.
Unfortunately I know this does not answer your question fully, but hope it helps even if a bit!
My lawyer had also asked me to keep 485 receipt and EAD with me, but I was not asked to show anything but my passport and the AP documents. They did not even ask for 485 receipts.
Unfortunately I know this does not answer your question fully, but hope it helps even if a bit!
fromnaija
08-21 03:43 PM
From http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
By these numbers, it looks like there are 7%x140K = 9,800 GC approvals for India in each year. If we factor in 1 dependent for each GC applicant, the number of primary applicants approved is roughly 9,800/2 = 4900 Indians per year. And this supposedly includes the EB1, EB2, EB3 categories. If we divide that equally, it could mean hardly 4900/3 =1633 primary applicants get approved each year in each category !! Is my inferences incorrect ? [someone tell me its better than this]
I don't know how many Indians are waiting for their GCs, but it sure seems like everybody I meet on the street is waiting for his GC .. so, I guess its going to be a long long wait.
[I am an Indian and hence, I took the example of Indians above. I guess the numbers are similar for all other countries. My Labor PD is Jul-2002]
That is not the whole story. Unused visas from other countries are added into the pool for over-subscribed countries. For instance last year, India got about 49,000 immigrant visas in the EB category, while my country got only 1350.
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
By these numbers, it looks like there are 7%x140K = 9,800 GC approvals for India in each year. If we factor in 1 dependent for each GC applicant, the number of primary applicants approved is roughly 9,800/2 = 4900 Indians per year. And this supposedly includes the EB1, EB2, EB3 categories. If we divide that equally, it could mean hardly 4900/3 =1633 primary applicants get approved each year in each category !! Is my inferences incorrect ? [someone tell me its better than this]
I don't know how many Indians are waiting for their GCs, but it sure seems like everybody I meet on the street is waiting for his GC .. so, I guess its going to be a long long wait.
[I am an Indian and hence, I took the example of Indians above. I guess the numbers are similar for all other countries. My Labor PD is Jul-2002]
That is not the whole story. Unused visas from other countries are added into the pool for over-subscribed countries. For instance last year, India got about 49,000 immigrant visas in the EB category, while my country got only 1350.
more...
chanduv23
04-27 10:15 AM
Ok, lets ignore or shut this down.
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WAIT_FOR_EVER_GC
11-11 12:51 PM
ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL
Every week there is a free call
Hi All,
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master�s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"��..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
Every week there is a free call
Hi All,
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master�s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"��..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
more...
immi2006
08-30 09:32 AM
Talking to lawyer would be in ur best interest. We just put our thoughts collectively here. if you are stuck outside, do not blame us.
U can renew ur H1 6 months prior to expiry. Travel in and out depends on Visa stamping and the dates. If u have valid H1, and do not have a valid visa, then u need to get one too.
U can renew ur H1 6 months prior to expiry. Travel in and out depends on Visa stamping and the dates. If u have valid H1, and do not have a valid visa, then u need to get one too.
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sankar_203
08-04 02:51 PM
Hi,
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
May be
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
May be
3. If so how would I approach from here?
Consulting with an attorney
4. Has anybody similar experiences with their employers?
yes me and my friend did
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
Not at all advisable..patience is virtue in this matter..
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
May be
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
May be
3. If so how would I approach from here?
Consulting with an attorney
4. Has anybody similar experiences with their employers?
yes me and my friend did
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
Not at all advisable..patience is virtue in this matter..
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
more...
h1b_tristate
07-27 08:02 PM
Hi everyone,
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
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rajuseattle
08-04 01:23 PM
Sorry to hear about your friend's situation.
From your answers it looks like she is on H-4 which is dependent spouse for H1B.
If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.
She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.
Once she finds new employer she can start her GC process.
If she cant find job here and be in H1B status, the only option is to go back to her Home country...or another option is to remarry with someone who has legal status here and then she can derive the dependent status.
From your answers it looks like she is on H-4 which is dependent spouse for H1B.
If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.
She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.
Once she finds new employer she can start her GC process.
If she cant find job here and be in H1B status, the only option is to go back to her Home country...or another option is to remarry with someone who has legal status here and then she can derive the dependent status.
more...
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h1bnogc
07-28 05:53 PM
hibnogc
This is also one of the questions I have. So, did you contest the denial request and are you currently working?
I have not reached this situation yet...getting prepared.
This is also one of the questions I have. So, did you contest the denial request and are you currently working?
I have not reached this situation yet...getting prepared.
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sr77
09-26 01:00 PM
Please update profile before someone can help.
Just did it. I put in the information that I have.
Just did it. I put in the information that I have.
more...
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hpandey
04-29 10:54 AM
Thanks kaisersose.
Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.
Thanks.
H1-b extension rarely gets denied so you don't need to worry but if you are worried about it ( most people in the GC line have had their H1's renewed multiple times ) then use the EAD for working . EAD would also give you flexibility to change jobs in future to a better paying employer.
H1-b RFE or denial for you will not affect your GC process since you are a derivative application unless you have done something really illegal .
I would advise you not to get worried. You just need to decide whether you want to maintain your H1 status or work on EAD. Everything will be fine either way.
Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.
Thanks.
H1-b extension rarely gets denied so you don't need to worry but if you are worried about it ( most people in the GC line have had their H1's renewed multiple times ) then use the EAD for working . EAD would also give you flexibility to change jobs in future to a better paying employer.
H1-b RFE or denial for you will not affect your GC process since you are a derivative application unless you have done something really illegal .
I would advise you not to get worried. You just need to decide whether you want to maintain your H1 status or work on EAD. Everything will be fine either way.
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rally
07-13 09:51 AM
If you invest more than 1 million(like bechams hollywood hills home) in US you are eligible to apply for a greencard
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mhathi
09-23 07:55 AM
I suggest you talk to a good lawyer! This kind of question is too sensitive to rely on people's opinion.
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perm2gc
01-08 04:39 PM
Hi,
Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
Filing immediately after they open in April is good option.If new H1 increase bill is not passed then the current numbers won't long enough.
Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
Filing immediately after they open in April is good option.If new H1 increase bill is not passed then the current numbers won't long enough.
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nonimmigrant
03-31 06:16 PM
Congratulations. Enjoy your freedom.
What is the process did you followed to port from EB3 to EB2 ?
New Labor with EB2 Job requirements
I-140 Approval
Port Over EB3 priority to EB2 after I-140 Approval
(or)
Do we have any other route to port over from EB3 to EB2.
What is the process did you followed to port from EB3 to EB2 ?
New Labor with EB2 Job requirements
I-140 Approval
Port Over EB3 priority to EB2 after I-140 Approval
(or)
Do we have any other route to port over from EB3 to EB2.
Bhaskar_80
06-10 04:16 PM
Mr. gnutin,
I really appreciate your help on this regard.
Thanks a lot!
I really appreciate your help on this regard.
Thanks a lot!
meragcdedobhai
10-27 12:39 PM
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