Munna Bhai
11-09 05:55 AM
Just a thought.... Don't waste your time with dishonest employers. I have wasted 2 years on my previous employer. I would have my PD 2001. My friend wasted 3 years. Now and me and my friend work for different companies, with very good relationship, having no problem interacting with lawyers or having our employers sign any paper CIS might ask. I had victim mentality until I realized that it's a market economy. You sell, your employer buys. If you don't like to deal with him, start looking for another "buyer". Don't rush. Find a good job, transfer your H1, and start everything afresh - I know it's hard, but that's a way to go. Don't be stuck to your employer for 5 years and later cry "my employer didn't want to apply for I-140, didn't give me latter for I-485", "my lawyer didn't respond to RFE, now I'm in trouble", etc. etc. CIS/DOL will give you enough headache even without employer's "assistance".
And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.
I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.
And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.
I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.
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webm
05-17 09:00 PM
Congrats!! dude.. good to hear something moving..
EndlessWait
02-21 04:49 PM
Hi:
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
sorry to burst the bubble..this is v hard. i'd a friend worked for a small company and was denied 140. if you filed for 10-15 ppl company chances are u will face the prob.
i'd suggest u file a fresh labor. uscis is v strict these days and will scrutinize.
well its all these body shop companies who have created this mess.
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
sorry to burst the bubble..this is v hard. i'd a friend worked for a small company and was denied 140. if you filed for 10-15 ppl company chances are u will face the prob.
i'd suggest u file a fresh labor. uscis is v strict these days and will scrutinize.
well its all these body shop companies who have created this mess.
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logiclife
08-02 11:18 AM
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
EAD is really worth having, especially in IT, because finding jobs with same or similar job description is not difficult.
Even if not in IT, the ability to start working for someone without bothering that employer to sponsor your H1 is a HUGE PLUS. HUGE and I mean really really really HUGE.
Also, if you are in IT, and if job market becomes worse, then employers have more choice and during those times, they get picky and choosy and ask for candidates who have work authorization (Meaning, EAD or GC or citizenship) so that they dont have to sponsor H1 and go thru those hassles. (employers get sick of USCIS delays too).
Therefore, whether you want to stay with same employer, or change to new one, having EAD is a big benefit because having EAD is same as having GC (after 180 days of 485 filing) with one caveat : with GC, you can change profession, or stay at home and not work....with EAD, you need to work and you need to be within the same job description.
Not to mention, the travel benefits. When 485 is pending, in addition to EAD, you get AP for travel and AP is guaranteed re-entry after a visit outside USA. IF on H1, you need to have H1 stamp and if H1 stamp on passport is expired then you have to spend time gathering documents and getting consulate appointment and getting H1 stamp -- Something that causes unneccesary anxiety and too much heartburn and potentially ruins the vacation due to anxiety.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
EAD is really worth having, especially in IT, because finding jobs with same or similar job description is not difficult.
Even if not in IT, the ability to start working for someone without bothering that employer to sponsor your H1 is a HUGE PLUS. HUGE and I mean really really really HUGE.
Also, if you are in IT, and if job market becomes worse, then employers have more choice and during those times, they get picky and choosy and ask for candidates who have work authorization (Meaning, EAD or GC or citizenship) so that they dont have to sponsor H1 and go thru those hassles. (employers get sick of USCIS delays too).
Therefore, whether you want to stay with same employer, or change to new one, having EAD is a big benefit because having EAD is same as having GC (after 180 days of 485 filing) with one caveat : with GC, you can change profession, or stay at home and not work....with EAD, you need to work and you need to be within the same job description.
Not to mention, the travel benefits. When 485 is pending, in addition to EAD, you get AP for travel and AP is guaranteed re-entry after a visit outside USA. IF on H1, you need to have H1 stamp and if H1 stamp on passport is expired then you have to spend time gathering documents and getting consulate appointment and getting H1 stamp -- Something that causes unneccesary anxiety and too much heartburn and potentially ruins the vacation due to anxiety.
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overhere
07-18 08:28 AM
So it means I can apply in August as I am qualified to apply in July. How about my PD? Will it be August since I applied in August? For schedule A, the PD is the I-140 receipt date.
yes, i think so. your pd will definitely be august if you're going to file your 140 and 485 in august (before the 17th). don't forget to file ead (765) and ap (131) together with the 140 and 485.
yes, i think so. your pd will definitely be august if you're going to file your 140 and 485 in august (before the 17th). don't forget to file ead (765) and ap (131) together with the 140 and 485.
smisachu
12-19 10:26 AM
Do we have to carry all the Tax filing papers or just W2 is good enough?
I am planning to go for stamping in Jan. Thanks in advance for the input.
Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html
Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.
After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.
I am planning to go for stamping in Jan. Thanks in advance for the input.
Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html
Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.
After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.
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greyhair
09-30 05:12 PM
I cracked up reading the post. I never really understood why they call us losers and locusts.
Google translation maybe funny but i think the meaning of the post on Chinese forum is serious. When we giving money to IV which is working for everyone in the backlog, Chinese are only thinking for themselves. Scratch the, Chinese are not thinking for even themselves, they are cutting the same branch of the tree on which they are sitting. They are undermining the effort to address the green card backlog. They are trying to use fuzzy match to argue against removal of per country limits in the the process shooting themselves on the foot. If I understand their logic correctly, these Chinese are saying that we are ok if they have to wait in the backlog for years and years, as long as Indian don't get any benefit. That's just plain dumb for them to think like this.
The other day someone posted that Chinese are calling Charles Oppenheim at DOS, asking him to not advance the dates of Indians, and rather only advance the dates of Chinese, which apparently backfired.
I have many good friends from China and they are all very nice. But as a group why do we always see Chinese digging hole everywhere?
Google translation maybe funny but i think the meaning of the post on Chinese forum is serious. When we giving money to IV which is working for everyone in the backlog, Chinese are only thinking for themselves. Scratch the, Chinese are not thinking for even themselves, they are cutting the same branch of the tree on which they are sitting. They are undermining the effort to address the green card backlog. They are trying to use fuzzy match to argue against removal of per country limits in the the process shooting themselves on the foot. If I understand their logic correctly, these Chinese are saying that we are ok if they have to wait in the backlog for years and years, as long as Indian don't get any benefit. That's just plain dumb for them to think like this.
The other day someone posted that Chinese are calling Charles Oppenheim at DOS, asking him to not advance the dates of Indians, and rather only advance the dates of Chinese, which apparently backfired.
I have many good friends from China and they are all very nice. But as a group why do we always see Chinese digging hole everywhere?
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apahilaj
09-28 05:04 PM
graj012, thanks for your input. You phrased it nicely.
Actually, I was trying to avoid kanhaiya's comments....as we say in our country, barking does does not affect the walking elephant.
Being a professional, I think everyone realizes here how to talk and what to talk. So guys lets not try to ignite sparks against each other...we are all here in this forum for a common cause.
Good luck!
Actually, I was trying to avoid kanhaiya's comments....as we say in our country, barking does does not affect the walking elephant.
Being a professional, I think everyone realizes here how to talk and what to talk. So guys lets not try to ignite sparks against each other...we are all here in this forum for a common cause.
Good luck!
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kshitijnt
07-27 02:46 PM
Hi,
My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.
Thanks.
If your renewal requires fees, I would not get it approved.
My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.
Thanks.
If your renewal requires fees, I would not get it approved.
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nshantha
08-14 03:42 PM
I am also 7:55 NSC R williams too... no receipt yet
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iman.karta
04-16 06:05 PM
The good news is that I found my I-20s inside of a box, buried with some DVDs, cassettes (yes cassettes for cassette player) and random knick knacks! I was literally doing flap jacks after that.
The bad news is that now I have to clean up the mess!
Txh1b and Number30; thanks for the concern and suggestions!
Txh1b: Yes, scan all your I-20s and send it to yourself in your email account. That's what I immediately did.
Now the question is that: how long usually does it take for the response after I submit my evidences? It has to be 60 days or less, but I heard differently. Can anyone help me with that?
The bad news is that now I have to clean up the mess!
Txh1b and Number30; thanks for the concern and suggestions!
Txh1b: Yes, scan all your I-20s and send it to yourself in your email account. That's what I immediately did.
Now the question is that: how long usually does it take for the response after I submit my evidences? It has to be 60 days or less, but I heard differently. Can anyone help me with that?
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arnet
11-16 12:20 AM
Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
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Hey Ram GC
05-05 05:33 PM
I did try to change the title, but can not. In the body, i did, but main page, i can not.
BUT I can wish about EB3- India to be current soon
BUT I can wish about EB3- India to be current soon
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piyu7444
02-24 03:16 AM
I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.
It is your choice if you want to invoke AC21 or not. A lot of people (like me) do not inform USCIS and change job after 180 day of filing 485 and wait to either get GC or to get an RFE.
Some people dont want RFE at the time when PD is current for them and hence send out letter to USCIS about job change invoking AC21.
There is no right or wrong thing and one choses what he/she feels good about + whatever attorney suggests. You can decide for yourself what you want to do.
------------I am not a lawyer so this is per my limited knowledge -------------------
It is your choice if you want to invoke AC21 or not. A lot of people (like me) do not inform USCIS and change job after 180 day of filing 485 and wait to either get GC or to get an RFE.
Some people dont want RFE at the time when PD is current for them and hence send out letter to USCIS about job change invoking AC21.
There is no right or wrong thing and one choses what he/she feels good about + whatever attorney suggests. You can decide for yourself what you want to do.
------------I am not a lawyer so this is per my limited knowledge -------------------
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fl_gc
07-15 11:46 AM
My EB-2 I-140 is pending at NSC. I-140 receipt date is 03-21-2007. Processing dates shown for NSC for I-140 is 07-18-2007. My PD is not current but wanted to know that if anybody is in similar situation?
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casinoroyale
10-02 10:11 AM
Understood.
burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?
burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?
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hydboy77
06-12 07:50 PM
Great Job vine93. In addition to telling your story of sufferings,disappointmenst becsue of the retrogression also get some talking points from IV maybe Pappu can provide you some, not that you need any, everyone of our sufferings are talking points by themselves. Please convey them how people from India are waiting for 10+ years without any chance of GC in sight and have to wait for another decade or so to get there green card. Good luck, I have called my congressman and vented my frustrtaion at how people from India china are suffering because of country quota and because of recapture of visas not happenning.
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
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nmember
05-25 05:54 AM
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sj2273
05-18 01:33 PM
Try Rajaguru Nalliah in Michigan. I hope that helps.
gc_chahiye
07-16 11:56 PM
I am also in same situation. My lawyer told me that he will file our application seperately without including each other as dependant. This doessn't make sense..... any input from others?
unless your PDs are very close to each other dont file independent. One will get GC first, other will be stuck for a while (unless you take the risk of withdrawing one ap and filing again when one person looks cloes to getting apprvoed)
unless your PDs are very close to each other dont file independent. One will get GC first, other will be stuck for a while (unless you take the risk of withdrawing one ap and filing again when one person looks cloes to getting apprvoed)
meridiani.planum
07-10 09:22 PM
inline...
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
-- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
yes, he will get a one year extension since his LC is atleast one yaer old.
3. What if the old employer revokes his I140 now? His GC process is invalid?
yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.
4. If we leave about GC, Can he do H1 transfer atleast?
yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
He will also need a copy of his labor certificate to be able to file a transfer+extension.
At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
-- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
yes, he will get a one year extension since his LC is atleast one yaer old.
3. What if the old employer revokes his I140 now? His GC process is invalid?
yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.
4. If we leave about GC, Can he do H1 transfer atleast?
yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
He will also need a copy of his labor certificate to be able to file a transfer+extension.
At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved
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