bpratap
01-26 09:35 PM
I don't think all EB1's are PhD's. so if this bill is specifically for PhD's then its not gonna help EB categories.
Many of the EB1's I know are some global managers (by document) from some outsourcing companies with the same Educational / technical skills as many of us in EB 2/ EB3. after coming in on L1A they juz directly file under Eb1.
I am not trying to fire up an argument/fight. but juz the reality I know of.
Hope this bill will include People who have an MS degree . it will help clear up EB2 queue and eventually spillover the excess numbers to EB3.
Many of the EB1's I know are some global managers (by document) from some outsourcing companies with the same Educational / technical skills as many of us in EB 2/ EB3. after coming in on L1A they juz directly file under Eb1.
I am not trying to fire up an argument/fight. but juz the reality I know of.
Hope this bill will include People who have an MS degree . it will help clear up EB2 queue and eventually spillover the excess numbers to EB3.
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santb1975
02-15 01:38 PM
We have two more weeks for this campaign.
BUMP for our Dear friends and wishing for more participation
4 people confirmed for this event so far
BUMP for our Dear friends and wishing for more participation
4 people confirmed for this event so far
BharatPremi
10-19 01:40 PM
LC Salary:- $85,000
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
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dc4opera
05-18 11:27 PM
I need some advice from the people on this board.
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?
I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?
I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?
Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?
I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?
I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?
Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!
more...
sagar_nyc
04-21 02:03 PM
Actually GC on L1 can be really much faster because GC processing on L1 comes under special EB1 category. So if you are willing to take risk of loosing job on L1. I will recommend to go for GC under L1.
Hi greeta,
I am not sure about time frame for GC but FREEDOM is more important for me. The market is not good, if you loose the job in L1 then you have to leave
to your home country and cannot transfer your visa. If it's H1 you can always do that.
If at all there is a difference in processing times for GC for L1, i don't see any drastic difference. Instead of 6 years it may be 5 years (6 years for GC? Are you kidding me?). No big deal.
Good luck.
Rgds,
Kris
Hi greeta,
I am not sure about time frame for GC but FREEDOM is more important for me. The market is not good, if you loose the job in L1 then you have to leave
to your home country and cannot transfer your visa. If it's H1 you can always do that.
If at all there is a difference in processing times for GC for L1, i don't see any drastic difference. Instead of 6 years it may be 5 years (6 years for GC? Are you kidding me?). No big deal.
Good luck.
Rgds,
Kris
LostInGCProcess
08-25 12:31 PM
Best thing to do in this case is, simply use your AP. No H1b stamping is needed. You can still remain on an H1B even if you use the AP for travelling.
As per my lawyer, the H1B has 2 aspects to it. One is the fact that it maintains status, the second is the actual stamped visa which allows entry/re-entry into the USA. You dont HAVE to have the stamped visa, if you have alternate means of re-entry.
I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
As per my lawyer, the H1B has 2 aspects to it. One is the fact that it maintains status, the second is the actual stamped visa which allows entry/re-entry into the USA. You dont HAVE to have the stamped visa, if you have alternate means of re-entry.
I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
more...
satishku_2000
02-21 11:02 AM
Hey
I thought I am the only poor soul looking for whole month to see the processing dates, Finally they have published today.
I have seen that I-140 EB3 moved siginificantly But still away from the my receipt date.
Hopefully you have a good news :)
I thought I am the only poor soul looking for whole month to see the processing dates, Finally they have published today.
I have seen that I-140 EB3 moved siginificantly But still away from the my receipt date.
Hopefully you have a good news :)
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gsc999
01-25 03:02 PM
Good work. Thanks for doing this.
I am happy to inform all of you in NORCAL that the permit to conduct a signature/letter campaign at Fremont BART is with us!!!
NOTE: This cannot be used by another member at another station-- this is a non-transferrable permit SOLELY for the campaign at Fremont at the said times, but you can request a similar permit for any BART station!
Now, I need at least ONE other member to be there on a weekday evening of your choice (I am planning to go there EVERY weekday evening for 2 weeks) and help me conduct this campaign!
PLEASE.... this is the last call.. don't let us down!
I am happy to inform all of you in NORCAL that the permit to conduct a signature/letter campaign at Fremont BART is with us!!!
NOTE: This cannot be used by another member at another station-- this is a non-transferrable permit SOLELY for the campaign at Fremont at the said times, but you can request a similar permit for any BART station!
Now, I need at least ONE other member to be there on a weekday evening of your choice (I am planning to go there EVERY weekday evening for 2 weeks) and help me conduct this campaign!
PLEASE.... this is the last call.. don't let us down!
more...
va_labor2002
06-01 02:24 PM
Is it possible ? If it is possible to pick up the legal immigration provisions from CIR and make a new Bill, we should proceed with that option,so that it will be passed quickly before CIR. We should talk to our senators for this option.
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rangaswamy
10-04 08:10 PM
1) Find employment in some company.. preferably a small one with india /overseas operations: - reason being they can send you to india / overseas and you can work from that country. Here also you will have a small problem.. you may have to switch to local payroll because your period will be greater than 6 months (i assume dec to oct 08)
2) Get a job in a non profit... im assuming this is hard.. if its been hard for you to get a job in 9 months after graduating, narrowing down the employers will only make it more difficult.
3)Enroll in some C grade school, where you pay less fees and then try again for h1b in 2008 quota but youwill have to be on F1 at least till then.
4) Dollar rate is less, India Inc is doing well.. forget this place and go home .. get a good job... think about coming back through consultant some other time
I know a lot of people who graduated in May 07 and are in this situation.. but you graduated in Dec 06 and should have been able to find a job in your field.
If you havent so far.. then i assume your field is not doing so well or there are better candidates available.. both of which make your job hunt harder.
If i may ask.. which university did you go to?
A
2) Get a job in a non profit... im assuming this is hard.. if its been hard for you to get a job in 9 months after graduating, narrowing down the employers will only make it more difficult.
3)Enroll in some C grade school, where you pay less fees and then try again for h1b in 2008 quota but youwill have to be on F1 at least till then.
4) Dollar rate is less, India Inc is doing well.. forget this place and go home .. get a good job... think about coming back through consultant some other time
I know a lot of people who graduated in May 07 and are in this situation.. but you graduated in Dec 06 and should have been able to find a job in your field.
If you havent so far.. then i assume your field is not doing so well or there are better candidates available.. both of which make your job hunt harder.
If i may ask.. which university did you go to?
A
more...
paskal
12-19 04:55 PM
midwest folks- where are you
please post your availability
the more the merrier....
please post your availability
the more the merrier....
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delax
08-03 01:08 PM
I remember very clearly from last year that NOT having an A# on your approved I-140 is not a problem - Sheela Murthy was very clear about this on her calls for her clients. The 485 receipt though should have an A#.
FP is a different story. You have to get it done for 485 approval.
Disclaimer: My approved I-140 has an A# that matches the A# on the 485 receipt
FP is a different story. You have to get it done for 485 approval.
Disclaimer: My approved I-140 has an A# that matches the A# on the 485 receipt
more...
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skd
01-12 02:17 PM
Skd, it was nice of you .. I gave you green :)
God Bless everyone and everywhere.
God Bless everyone and everywhere.
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sr123
02-15 10:43 AM
There are 2 kinds of posts...(1) Which add value to the forum. Threads started for 401K, selecting a lawyer etc add value since they attract new members. (2) The second kind of posts are the ones initiated by people who want to ask questions. This questions tend to be serving individuals.
I think we should not restrict the first type of posts. There could some kind of charge on the second kind. One suggestion which may work is as follows
1. Only paying members can initiate threads(or may be allow the first few for free ). Exceptions can be permitted by admins who can review if a post could be useful.
2. Anyone can post answers to existing threads.
By the way I am not sure of the technical aspect of the website operations. So please bear with me if my post reflects the same.
I think we should not restrict the first type of posts. There could some kind of charge on the second kind. One suggestion which may work is as follows
1. Only paying members can initiate threads(or may be allow the first few for free ). Exceptions can be permitted by admins who can review if a post could be useful.
2. Anyone can post answers to existing threads.
By the way I am not sure of the technical aspect of the website operations. So please bear with me if my post reflects the same.
more...
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angelfire76
01-16 03:44 PM
3-4 people from MSFT and couple from Nordstrom who got laid off last week.
This economy really blows.
This economy really blows.
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jthomas
06-07 11:31 AM
I don't think its a good time to change jobs. There are many who are looking for a job after getting laid off. I think till the 2nd quarter of 2010 just keep your job. I may be wrong too.
the best thing is to keep a open eye all the time and whenever there is a opening in any big project with a good pay hike then move.
If you have EAD then you don't have to worry about H1B transfer.
If you like, Join the "job networking on IV" google group and you wouls find many members with your similar skillset.
J thomas
Hi
I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..
Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?
Thanks
kp
the best thing is to keep a open eye all the time and whenever there is a opening in any big project with a good pay hike then move.
If you have EAD then you don't have to worry about H1B transfer.
If you like, Join the "job networking on IV" google group and you wouls find many members with your similar skillset.
J thomas
Hi
I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..
Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?
Thanks
kp
more...
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r2i2009
09-22 05:01 PM
Well said guys.....I do not know why this thing hangs around me with me having EAD. EAD is just like GC with some restrictions. Why should I worry?
Keep running life as usual. Just think people at the back of you?
Keep running life as usual. Just think people at the back of you?
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mrajatish
08-15 09:30 AM
The answer to your question: It depends on your situation.
If you like your job, and willing to wait another 1-2 years (I gather you are from rest of the world), just stick it out, get your GC and leave. It is not always easy to get EB2 140 approval, especially now.
If it was a difference of 3-4 years, it is worth taking the risk, but for a difference of a year, do you want to go through the trouble?
If you like your job, and willing to wait another 1-2 years (I gather you are from rest of the world), just stick it out, get your GC and leave. It is not always easy to get EB2 140 approval, especially now.
If it was a difference of 3-4 years, it is worth taking the risk, but for a difference of a year, do you want to go through the trouble?
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skdskd
09-27 10:02 AM
Hi All,
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
tinoue I will suggest talk to lawyer,
As per my lawyer, If at the time of filing of I-485 , you already have I-140 approved , you are supposed to write A# I-140 on I-485 Application.
Otherwise they might assign New One..
If you remember on I-485 Application there is place for A#.
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
tinoue I will suggest talk to lawyer,
As per my lawyer, If at the time of filing of I-485 , you already have I-140 approved , you are supposed to write A# I-140 on I-485 Application.
Otherwise they might assign New One..
If you remember on I-485 Application there is place for A#.
BEC_fog
07-04 12:13 PM
Could someone please post the article here?
Madhuri
02-24 05:17 PM
You first need to apply for SSN based on your pending I-485 application.
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