rahulpaper
08-22 04:37 PM
Background: I am on 7th year of H1B (7-10 year extension based on approved 140). My H1stamping is valid till 2010. Applied 485 on Aug 1st 2007. Did not apply for EAD/AP.
Loosing job in my company is becoming realistic scenario in near future(no predictions yet) so...
Scenario 1: If in next few weeks (before 180days or AC21) I have to change Jobs, Can my new employer just transfer H1B (since H1B was extended on approved 140 Hence the confusion) or do they have to go through PERM + 140 and then do H1B transfer ? What happens if my employer revoke 140 (based on which i had the H1 extension) Do I loose ability to transfer H1B?
Scenario 2: If after 180 days (from aug 1st) I have to change job (using AC21) ..can my H1 be transferred to another employer without having a labor / 140 or will the new employer have to go through PERM + 140 to transfer H1?
I understand EAD is an option so I will apply for EAD but looking at number of applications it may be months before I get EAD card.
Thanks in advance
Loosing job in my company is becoming realistic scenario in near future(no predictions yet) so...
Scenario 1: If in next few weeks (before 180days or AC21) I have to change Jobs, Can my new employer just transfer H1B (since H1B was extended on approved 140 Hence the confusion) or do they have to go through PERM + 140 and then do H1B transfer ? What happens if my employer revoke 140 (based on which i had the H1 extension) Do I loose ability to transfer H1B?
Scenario 2: If after 180 days (from aug 1st) I have to change job (using AC21) ..can my H1 be transferred to another employer without having a labor / 140 or will the new employer have to go through PERM + 140 to transfer H1?
I understand EAD is an option so I will apply for EAD but looking at number of applications it may be months before I get EAD card.
Thanks in advance
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mbartosik
09-25 11:23 AM
I have used Fragomen in two different situations...
1) Contracted by my employer. This was frustrating from my perspective. I felt a little like an object, mostly dealt with paralegals.
2) Contracted by me. This was much better, I could call the attorneys up anytime, and get an answer when I needed it. Had excellent relationship with paralegals.
These were two different departments.
I do think that I suffered from some less than optimal advice, filed EB3 when EB2 would have been better. That was in 2002 when EB3 EB2 EB1 for all was current. EB2 was a tougher sell to Dept Labor, but I think would have worked, attorney didn't want to risk, and wasn't sure if a downgrade would be offered if EB2 failed.
One thing was consistent.... expensive.
I all but begged them to send out an email to clients referencing DC rally.
I have raised the idea with core of adding a field(s) to profile giving attorneys name/address. If we have a lot of members with Fragomen, maybe we could write a group letter asking them to send out a mass email to other clients.
So please be civil in these public forums.
1) Contracted by my employer. This was frustrating from my perspective. I felt a little like an object, mostly dealt with paralegals.
2) Contracted by me. This was much better, I could call the attorneys up anytime, and get an answer when I needed it. Had excellent relationship with paralegals.
These were two different departments.
I do think that I suffered from some less than optimal advice, filed EB3 when EB2 would have been better. That was in 2002 when EB3 EB2 EB1 for all was current. EB2 was a tougher sell to Dept Labor, but I think would have worked, attorney didn't want to risk, and wasn't sure if a downgrade would be offered if EB2 failed.
One thing was consistent.... expensive.
I all but begged them to send out an email to clients referencing DC rally.
I have raised the idea with core of adding a field(s) to profile giving attorneys name/address. If we have a lot of members with Fragomen, maybe we could write a group letter asking them to send out a mass email to other clients.
So please be civil in these public forums.
pappu
07-21 12:53 AM
http://dallas.eknazar.com/ekClassifieds/product_desc.php?id=232721
http://sanantonio.eknazar.com/Classifieds/product_desc.php?id=232720
http://www.competeamerica.org/hill/letter_congress/HouseEBGree%20CardBillsSignOnLtr.pdf
July 17, 2008
Dear Member of Congress:
As U.S. employers, education institutions, and trade associations representing the future of American
innovation, we are writing to urge your support for three bills that will make necessary incremental
adjustments to the employment-based (EB) green card system. The measures � H.R. 6039, H.R. 5921
and H.R. 5882 � enjoy bipartisan support and should be enacted without delay this year.
America�s scientific and technological leadership is at a crossroads. To remain the world leader in
innovation, U.S. employers must have access to much-needed and sought-after highly educated talent �
including scientists, researchers, teachers and medical professionals. Foreign-born professionals make
great contributions to the U.S. economy and create good, high-paying jobs for all Americans.
U.S. employers rely on EB green cards to keep foreign-born talent living, working and innovating in
America. Yet, despite the critical importance of these visas, Congress has failed to address the well
documented backlogs in the EB green card system that leave some foreign-born, highly educated
professionals waiting over six to 10 years to receive a permanent resident visa.
The three bills will address many shortcomings in the EB green card system. For example:
� H.R. 6039, by exempting highly educated, foreign-born students earning an advanced degree in
science, technology, engineering or mathematics from a U.S. university from the annual EB green
card limit, would help U.S. employers retain these talented individuals in the U.S. workforce. For
example, foreign nationals comprise half of the master�s and 70 percent of the Ph.D.s in electrical
engineering from U.S. universities.
� H.R. 5921 will help put an end to multi-year wait times by eliminating unduly restrictive per
country limits on EB green cards.
� H.R. 5882 will help to reduce visa backlogs by �recapturing� EB green cards from prior years
that went unused due to government processing delays and making them available immediately to
those who meet the requirements.
Without these incremental reforms, U.S. employers will continue to be crippled in the global competition
for the world�s best talent, as more and more extremely valuable professionals from around the world
take their education and abilities to competitors abroad.
While permanent reforms for the EB green card system will be critical to U.S. employers� long-term
ability to hire and retain key worldwide talent, H.R. 6039, H.R. 5921 and H.R. 5882 are common sense,
incremental reforms that should be enacted this year. We again urge your support for these important
measures.
Sincerely,
Note IV name in the pdf file from competeamerica
http://sanantonio.eknazar.com/Classifieds/product_desc.php?id=232720
http://www.competeamerica.org/hill/letter_congress/HouseEBGree%20CardBillsSignOnLtr.pdf
July 17, 2008
Dear Member of Congress:
As U.S. employers, education institutions, and trade associations representing the future of American
innovation, we are writing to urge your support for three bills that will make necessary incremental
adjustments to the employment-based (EB) green card system. The measures � H.R. 6039, H.R. 5921
and H.R. 5882 � enjoy bipartisan support and should be enacted without delay this year.
America�s scientific and technological leadership is at a crossroads. To remain the world leader in
innovation, U.S. employers must have access to much-needed and sought-after highly educated talent �
including scientists, researchers, teachers and medical professionals. Foreign-born professionals make
great contributions to the U.S. economy and create good, high-paying jobs for all Americans.
U.S. employers rely on EB green cards to keep foreign-born talent living, working and innovating in
America. Yet, despite the critical importance of these visas, Congress has failed to address the well
documented backlogs in the EB green card system that leave some foreign-born, highly educated
professionals waiting over six to 10 years to receive a permanent resident visa.
The three bills will address many shortcomings in the EB green card system. For example:
� H.R. 6039, by exempting highly educated, foreign-born students earning an advanced degree in
science, technology, engineering or mathematics from a U.S. university from the annual EB green
card limit, would help U.S. employers retain these talented individuals in the U.S. workforce. For
example, foreign nationals comprise half of the master�s and 70 percent of the Ph.D.s in electrical
engineering from U.S. universities.
� H.R. 5921 will help put an end to multi-year wait times by eliminating unduly restrictive per
country limits on EB green cards.
� H.R. 5882 will help to reduce visa backlogs by �recapturing� EB green cards from prior years
that went unused due to government processing delays and making them available immediately to
those who meet the requirements.
Without these incremental reforms, U.S. employers will continue to be crippled in the global competition
for the world�s best talent, as more and more extremely valuable professionals from around the world
take their education and abilities to competitors abroad.
While permanent reforms for the EB green card system will be critical to U.S. employers� long-term
ability to hire and retain key worldwide talent, H.R. 6039, H.R. 5921 and H.R. 5882 are common sense,
incremental reforms that should be enacted this year. We again urge your support for these important
measures.
Sincerely,
Note IV name in the pdf file from competeamerica
2011 Carpe - Diem Eagle by
Jaime
09-13 12:26 AM
Do this for yourself! Do this for America!!! Come to DC!!!!
more...
pani_6
07-21 09:23 PM
Send a letter out to Gonzalez, Elaiane Choa and head of BEC's about your situation.....this is great injusticeI understand...
Madhuri
08-25 05:31 PM
One of my friend is currently working for a company A. He has got offer from a reputed university and is interested in transferring his H1. The question is,
1> can he transfer his H1 from a 'for-profit' to a 'non-profit'?
2> In future if he decided to work again for a 'for-profit', can he transfer his H1 from 'non-profit' to 'for-profit' without being counted against the cap?
Gurus please share your knowledge on this.
TIA,
Madhuri
1> can he transfer his H1 from a 'for-profit' to a 'non-profit'?
2> In future if he decided to work again for a 'for-profit', can he transfer his H1 from 'non-profit' to 'for-profit' without being counted against the cap?
Gurus please share your knowledge on this.
TIA,
Madhuri
more...
thepaew
05-30 11:29 AM
Millions of Indians cannot fix the bureaucracy at CGNY - but we expect a counter-worker at AF to bypass the French visa bureaucracy. AF is a crappy airline - but it is not racist. Good Luck.
True, but Airline CAN give some 'guarantee' to get the transit visa for passengers. I flew Singapore Airline, and they arrange transit passenger to take a tour of the city, if the stopover is , i guess, more then 3 or 4 hrs.
So, I don't buy the argument that its not in their hand. If they wanted they could have done it. Period.
When one group right in front of your own eyes gets to stay in a hotel and the other group are left high and dry to loiter in the airport (citing they dont have transit visa), I call it absolutely a kind of Discrimination. I dont give a crap about Transit Visa.
Wow!! you are generalizing here about one community here. So, you mean to say folks from Boston, US are going to runaway in Paris to seek asylum because they dont like the homes and jobs in US????? Yeah!!! Paris is a paradise, and everybody on this planet wants to somehow get there..
True, but Airline CAN give some 'guarantee' to get the transit visa for passengers. I flew Singapore Airline, and they arrange transit passenger to take a tour of the city, if the stopover is , i guess, more then 3 or 4 hrs.
So, I don't buy the argument that its not in their hand. If they wanted they could have done it. Period.
When one group right in front of your own eyes gets to stay in a hotel and the other group are left high and dry to loiter in the airport (citing they dont have transit visa), I call it absolutely a kind of Discrimination. I dont give a crap about Transit Visa.
Wow!! you are generalizing here about one community here. So, you mean to say folks from Boston, US are going to runaway in Paris to seek asylum because they dont like the homes and jobs in US????? Yeah!!! Paris is a paradise, and everybody on this planet wants to somehow get there..
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shyamsk
05-20 06:13 PM
Hi Everyone,
After checking in google, I found this information and felt very happy about it.
Until yesterday I was not aware of this condition and expecting the benefit from IRS. After checking the IRS schedule and validating the benefit, I was shocked when it said not eligible because of ITIN reasons. Initially I thought it was a mistake by IRS and called them up but there was no answer.
Now, I have little hope that they'll classify people who filed H1+H4 jointly should atleast consider for $600 benefit. I'm with two children and had initially high hope and a long list for spending the amount. But now that is all past....
I would like to thank you everyone for taking this step of passing on the information and following up with legal, SSA & IRS authorities. Please do let everyone in the list know if as a group anything can be done. I would also like to share towards it. I live Redmond, WA.
This is not right when other people who filed singly received the money not we. We're treated as illegal and I believe this is a discrimination for this group of people.
Shyam.
After checking in google, I found this information and felt very happy about it.
Until yesterday I was not aware of this condition and expecting the benefit from IRS. After checking the IRS schedule and validating the benefit, I was shocked when it said not eligible because of ITIN reasons. Initially I thought it was a mistake by IRS and called them up but there was no answer.
Now, I have little hope that they'll classify people who filed H1+H4 jointly should atleast consider for $600 benefit. I'm with two children and had initially high hope and a long list for spending the amount. But now that is all past....
I would like to thank you everyone for taking this step of passing on the information and following up with legal, SSA & IRS authorities. Please do let everyone in the list know if as a group anything can be done. I would also like to share towards it. I live Redmond, WA.
This is not right when other people who filed singly received the money not we. We're treated as illegal and I believe this is a discrimination for this group of people.
Shyam.
more...
walking_dude
10-05 08:48 AM
Troy is fine with me. Unless someone has a pressing reason (other than geographical location) lets stick to the time and venue.
Please update the first post with venue and timings in big and bold letters ( I used 'Arial Black', Size 5, Bold below)
IV MI Meet
Location : Troy Recreation Center, Troy ( Livernois b/n Big Beaver and Wattles)
Address : 3179 Livernois, Troy, MI 48083 ( courtesy Google)
Time : 10:00 am sharp ( no ISTs)
Agenda : Discuss future actions - Lawmaker meetings, publicity campaign, getting attorneys to answer GC questions pro bono etc.
Ok so we have a place in mind?
I suggest Troy. It will be center to all?
On 10-20 at 10:00 Am we can meet at Troy recreation center. This is on Livernois road, between Big beaver and 17 mile(wattles).
Or if you have more fitting place in mind, please suggest.
All that can make it, please update your personal information on your account here.
Please update the first post with venue and timings in big and bold letters ( I used 'Arial Black', Size 5, Bold below)
IV MI Meet
Location : Troy Recreation Center, Troy ( Livernois b/n Big Beaver and Wattles)
Address : 3179 Livernois, Troy, MI 48083 ( courtesy Google)
Time : 10:00 am sharp ( no ISTs)
Agenda : Discuss future actions - Lawmaker meetings, publicity campaign, getting attorneys to answer GC questions pro bono etc.
Ok so we have a place in mind?
I suggest Troy. It will be center to all?
On 10-20 at 10:00 Am we can meet at Troy recreation center. This is on Livernois road, between Big beaver and 17 mile(wattles).
Or if you have more fitting place in mind, please suggest.
All that can make it, please update your personal information on your account here.
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pitha
05-31 10:49 AM
You are right but unfortunately history has thought us that when it comes down to GC versus H1b everybody is willing to throw GC under the bus to get H1b provisions.
This current bill is no exception, h1 increased from 65,000 to 115000 with triggers to increse it to 185000, but no provisions for green cards.
a exclusive emendment with GC will be the only way out. nobody is offering such amendment and if somebody offers it might be ordered to lie on table.
Text of almost all filed amendments is available in congressional record on Thomas. This one has been available since Friday.
S.A. 1249. Sponsored by Maria Cantwell and co-sponsored by Cornyn, Leahy and Hatch
It creates a parallel merit-based employer sponsored category without touching the existing merit-based self-sponsored category.
The merit based self-sponsored category is the crappy points system. This is in parallel to that, without touching anything in points system. They have created an exact parallel replica of today's EB1, EB2 and EB3 system with labor certification and the whole enchilada where you need employer sponsor and there is not points or anything.
EB1 = 33.3%, EB2 = 33.3% and EB3 = 33.3%. Definiation of EB1, EB2 and EB3 would be the same as it is today.
Total quota of 140,000 with automatic recapture of previous years unused GCs.
Exemptions for US masters and non-US STEM masters with have 3 years experience in that STEM field.The risk factor:
Now, the bad part ... the achilles heel of every high-skills amendment is the tethered H1B quota tricks. They are exempting everyone who has US masters or a non-US master in STEM from H1 quota, effectively making H1 quota = A LOT MORE.
The exact same radioactive provision for H1 quota is also in Lieberman-Hagel amendment 1242.
This will sink both of them unless either there is some inside deal going on that we dont know, or they strike out the H1 issue from this on the floor of the senate at the last minute and be content with H1 quota of 180,000.
This current bill is no exception, h1 increased from 65,000 to 115000 with triggers to increse it to 185000, but no provisions for green cards.
a exclusive emendment with GC will be the only way out. nobody is offering such amendment and if somebody offers it might be ordered to lie on table.
Text of almost all filed amendments is available in congressional record on Thomas. This one has been available since Friday.
S.A. 1249. Sponsored by Maria Cantwell and co-sponsored by Cornyn, Leahy and Hatch
It creates a parallel merit-based employer sponsored category without touching the existing merit-based self-sponsored category.
The merit based self-sponsored category is the crappy points system. This is in parallel to that, without touching anything in points system. They have created an exact parallel replica of today's EB1, EB2 and EB3 system with labor certification and the whole enchilada where you need employer sponsor and there is not points or anything.
EB1 = 33.3%, EB2 = 33.3% and EB3 = 33.3%. Definiation of EB1, EB2 and EB3 would be the same as it is today.
Total quota of 140,000 with automatic recapture of previous years unused GCs.
Exemptions for US masters and non-US STEM masters with have 3 years experience in that STEM field.The risk factor:
Now, the bad part ... the achilles heel of every high-skills amendment is the tethered H1B quota tricks. They are exempting everyone who has US masters or a non-US master in STEM from H1 quota, effectively making H1 quota = A LOT MORE.
The exact same radioactive provision for H1 quota is also in Lieberman-Hagel amendment 1242.
This will sink both of them unless either there is some inside deal going on that we dont know, or they strike out the H1 issue from this on the floor of the senate at the last minute and be content with H1 quota of 180,000.
more...
ngopalak
07-11 01:16 PM
Your lawyer is lying.
Updates:
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
Updates:
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
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Karthikthiru
07-01 10:22 PM
Berry, Appleman & Leiden LLP is very good firm. I have very good experience with them. They completed all my paper work on Jun 30, so that they can file by July 2. Also the attorney and the para-legal were really good and replied to my questions patiently. The website is http://www.usabal.com/
Karthik
Karthik
more...
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paskal
09-22 10:33 AM
When you say these are the " ONLY REASONS", you should think twice. If your wife delivered baby on that day or if you had back surgery a week ago probably you would not be been in DC for the rally. So please dont generalize anything.I am not sure if the most efficient way to motivate people is to write bunch of threads with the words like the four you used many times.
Good Luck
you are right. many people had very genuine reasons. personally i was glad to represent them in DC. even some very committed volunteers could not make it. i do not think chandu means to generalize. he is venting his own frustrations at the very substantial number of members who simply choose not to participate...in anything...let alone a rally...
Good Luck
you are right. many people had very genuine reasons. personally i was glad to represent them in DC. even some very committed volunteers could not make it. i do not think chandu means to generalize. he is venting his own frustrations at the very substantial number of members who simply choose not to participate...in anything...let alone a rally...
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smuggymba
03-27 10:23 AM
Joker from "The Dark Knight" said the same thing. Leave this pattern of thinking. United we stand and divided we fall. I am not talking ONLY to you here.....
Are you high from last night. That's exactly what I said - donate and be united. I don't have time to argue - I'm outta here.
Are you high from last night. That's exactly what I said - donate and be united. I don't have time to argue - I'm outta here.
more...
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mshelat
05-16 12:21 PM
let's keep working on it.
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newuser
06-25 09:07 PM
Hi,
Last time I paid $305 for renewing my AP. Do I again need to pay that much to renew or is the renewal free?
Thanks in advance!
It depends when you applied your last AP. If you did apply during the July'07 fisaco, you need to pay $305.
Last time I paid $305 for renewing my AP. Do I again need to pay that much to renew or is the renewal free?
Thanks in advance!
It depends when you applied your last AP. If you did apply during the July'07 fisaco, you need to pay $305.
more...
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mpoov
02-13 03:41 AM
Nurses are already under shortage occupation list, even though some articles says otherwise! Their visas stopped from Ja. 2007. US hospitals will definitley feel the heat within months, since, much awaited their nurses are on hold at their parent country. US Hospitals have already invested funds for their CGFNS, RN. petitoning etc. Their emergency rooms will be overcrowded.. and wards will be shut down.. if visas not approved soon. .. Senators have always soft corner in health industry.. and they will not allow public to feel the heat..Blocking nurses visa will definitely put us in bad picture before the american public..
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copsmart
01-23 11:38 AM
I�ve been laid off as of Friday last week.
My employer started laying off people an year ago and there were too many cycles so far. I was immune to all those layoffs until Friday. They eliminated everybody in my team, 15 people in total.
I am in the final stage of my GC and I have 2 year EAD. My H1 is expiring in March and my (ex) employer already paid my Attorney for the 3 year extension. They have decided to extend my H1 and paid for the expenses. But in the mean time, they were forced by the investors to show profitability and hence the layoffs.
My (ex) employer is based in Massachusetts and my Labor Certification was done from this location.
I have received job offers from some of my employer�s clients. However, they are based in other States (CO, OH & WA for instance) and they might not be able to do my H1. One of them is interested in hiring me on a contract basis, since they had frozen new hiring.
Is taking a job outside of Massachusetts impact my pending I-485? or Will it violate my Labor Certification conditions? I couldn�t find an answer for this anywhere.
Also, can I take contract jobs for the time being?
I sent out an email to my Attorney with all these questions. But, he is not available until Tuesday next week.
Please post your answers, comments and suggestions.
Thanks!
My employer started laying off people an year ago and there were too many cycles so far. I was immune to all those layoffs until Friday. They eliminated everybody in my team, 15 people in total.
I am in the final stage of my GC and I have 2 year EAD. My H1 is expiring in March and my (ex) employer already paid my Attorney for the 3 year extension. They have decided to extend my H1 and paid for the expenses. But in the mean time, they were forced by the investors to show profitability and hence the layoffs.
My (ex) employer is based in Massachusetts and my Labor Certification was done from this location.
I have received job offers from some of my employer�s clients. However, they are based in other States (CO, OH & WA for instance) and they might not be able to do my H1. One of them is interested in hiring me on a contract basis, since they had frozen new hiring.
Is taking a job outside of Massachusetts impact my pending I-485? or Will it violate my Labor Certification conditions? I couldn�t find an answer for this anywhere.
Also, can I take contract jobs for the time being?
I sent out an email to my Attorney with all these questions. But, he is not available until Tuesday next week.
Please post your answers, comments and suggestions.
Thanks!
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bestin
10-04 01:42 PM
I am in .I live in lansing.
javadeveloper
07-23 03:47 PM
Any Idea about Cohen & grigsby (http://www.cohenlaw.com)
sledge_hammer
01-13 10:57 AM
Hello,
I have a few questions regarding the application for AP for a dependent, and I would appreciate it if someone would answer them.
1. If the dependent is applying for AP, should I include the primary applicant's I-485 in the application packet?
2. The dependent has an EAD. Is it necessary to include copy(ies) of the EADs with the AP packet?
3. If the previous AP has expired, is the applicationo process for a new AP different from that if a non-expired AP is being renewed?
4. I was reading in some threads that the $305 fee will be waived if there is a pending I-485. Is that correct?
Thanks in advance!
I have a few questions regarding the application for AP for a dependent, and I would appreciate it if someone would answer them.
1. If the dependent is applying for AP, should I include the primary applicant's I-485 in the application packet?
2. The dependent has an EAD. Is it necessary to include copy(ies) of the EADs with the AP packet?
3. If the previous AP has expired, is the applicationo process for a new AP different from that if a non-expired AP is being renewed?
4. I was reading in some threads that the $305 fee will be waived if there is a pending I-485. Is that correct?
Thanks in advance!
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