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immique

04-13 01:38 AM

it is very risky. you cannot use AC 21 when you move from a full time practising physician to fellowship. how can you justify being paid about 1/3rd of the salary mentioned in your Labor application. the job has to be similar in description and pay. earning extra by moonlighting will not be sufficient to satisfy the criteria. personally I have known Physicians who did not even move from a University hospital to a community hospital as the job description will be different from a University hospital to a community hospital. if you have green card processing through your wife then you can file as her dependent and go for the fellowship. if you don't have that option, then I would suggest that you not go for the fellowship and stick with your current job.

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Openarms

08-13 02:25 PM

Obama playing a safe politics in this time of economics.... against open commerce....I wonder what happens when other countries charge COCA Cola and lot of other companies 20% tax on profit margin.... think about foot print of American companies across the globe... This is not good for America.

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ab2k7

07-07 03:34 PM

Thanks map boiler for your pointer which led me to a random job ad having the same language

www.careerbuilder.com/JobSeeker/Jobs/JobDetails.aspx?job_did=J3F5MH5VP06PTJ168PR

"Job is in Jackson, MS. May work at one or more unanticipated locations."

I guess you are referring to the same.

I'll check with my attorney. Is it possible to know about the original job ad used for LC or is it also mentioned in the approved LC?

It intrigues me that there are not many members here in a similar situation i.e consultants moving to new city/state while continuing GC process. Or may be the response is not much as this part of the forum is not accessed much by many members.

Thanks in advance for any one else facing/know a similar situation first hand that chimes in. :)

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sanjay02

06-29 06:38 PM

Follow directions in your interview letter with list of things to take. Have all the originals and photocopies. If your case is straight forward , I dont think you need an attorney or else if you think you need an attorney find a local person in your area who can accompany you.

I had an interview last Feb 2009, my case was pre-adjucated. My PD is 2005.

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swamy

10-27 12:54 PM

Sen Kennedy is the reason every one of us could come even be here in the US today. Please read up on some history of legal immigration - especially the one that dismantled racial barriers. The senator might not share your focus or sense of urgency in solving EB issues first and may be more passionate about the illegal issue but that does not mean he's any less interested in legal issues or make him 'exclusively' an advocate for undocumented. Dont unnecessarily diminish anyone who is your friend - once again, go back and read up on the history of immigration especially around the 60's.

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maine_gc

04-20 03:30 PM

Thankk You Sunny1000. This is very helpful information. I will go to the nearest international airport and get it corrected. Thank you all for your advice. I will post here when i resolved the issue

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TeddyKoochu

05-19 01:59 PM

How and how they can prove he is not going to do any work at the location, the client will not be charged for that?

Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.

Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).

Tell them you have to continue your job in India after the business discussions in USA.

Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.

just one cent info....

I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).

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Rajganesh

11-13 11:14 AM

I concurrently filed 140/485 on July 1st. My case was moved to Texas and the receipt date was changed to August 28th on my 140/485. When can I can invoke the AC21? Is it 180 days from July 1st or 180 days from August 28.

Any response will be greatly appreciated.

Thanks,

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fcres

08-13 10:32 AM

Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

Dec2002 EB3 India.

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jonty_11

11-02 10:51 AM

Folks,
Please don't give wrong information so authoritatively :)

Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.

If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.

Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).

Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
GCisLottery,

Please read posts carefully, as nelsonagn has pointed out..

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srikanthmavurapu

08-16 03:53 PM

Srikanth,

It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.

Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.

So don't worry.

Thanks for the advice. I also told him that i will complain to DOL and USCIS but no response from him he asked for compensation but i didn't agreed on it . Now, I am in process of complaining to DOL and they are saying that the case is in court so now i am searching for a lawyer in virginia.
Thanks,
Srikanth

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nixstor

04-13 06:30 PM

Gurus,
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.

I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.

I am not sure what should I be doing in this situation:

If I reply with all facts this might effect my pending H1B status for new employer.


If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.


Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]

I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.

Thanks
Saurav

If you decide to reply, tell the truth.

Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.

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waitnwatch

05-30 01:02 PM

I would appreciate if you could reference the bill text (if you have), then we can together spin this news - thanks

Here is my explanation of how the new system will work -

The USCIS declares an open period for all merit based application.

Everyone on H1-B puts in an application and gets in line.

The USCIS declares the list of succesful applicants.

For oversubscribed countries (remember that the country limit is 10% of 140000) there will be unsuccessful applicants who will have to apply next year.

Those unsuccessful applicants who reach their 6th year on H1-B cannot get any more H1-B extensions because they donot have an approved I140.

So it will be goodbye to professors in Economics and Business from India and China who will not get points for either STEM or high demand occupations.

I hope this make sense.

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kprgroup

08-10 09:02 AM

Good Morning,

I went to the uscis local office. The officer told my case SRC-****7236 (765) Renewal was denied on 06/25/2010. He didn’t have the denial details. He told he will send an email to Texas USCIS asking the details. He also told my 485 motion approved and my recent travel document approved but strange that they denied EAD.

Unfortunately we (Myself & Lawyer) never received a denial notice.

My EAD is expiring sep 3rd. I know mostly they denied by without seeing my 485 motion approval.I am requesting denial notice by opening SR

Help me and suggest to overcome this SITUATION (Another wrong denial by USCIS.)

Thanks
KPR

-----------------
Background OF Myself
----------------------
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.

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akred

07-25 08:04 PM

I have found that SBI is the most cost effective one. There is some inconvienience as you have to register with them, but every transfer after that can be accomplished with a fax to their offices.

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aj_jadeja

09-13 11:26 PM

now days there is a SEPRATE quota for RETURNING WORKERS in Us consulte for renewing stamp. I used it 6 months ago. I Went to VFS on 23rd Nov 2005 and got appt for 30th Nov for stamping @ mumbai consultate. Got stamped and collected passport same evening in person.

hope this helps .

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bekugc

03-18 12:41 PM

while we use Ead to chg to a different company during ac21, is it possible to first chg the company using ead and then later apply for h1 transfer ?

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IfYouSeekAmy

01-11 03:51 PM

Why do you even assume that the people who come here by winning the DV lottery are going to abuse the system just like that. One of the requirements to qualify for DV is high school education and work skill in addition to have been born in certain countries. Please look that up. So these people may not neccessarily have advanced degrees (although some may well have them) they are still educated and skilled people who after coming here will start working and start contributing to the society. Yes, there will be some exceptions but then I am sure there are few people in EB lines that abuse the system.

THe Lottery is the dumbest piece to obtain GC. Imagine some guy who does nothing to the USA applies, comes here sucks the $$ out of the system by coming here, staying here and enjoying all monetray benefits of a GC like unemployment benefits etc

If this passes. THere would be a huge relief among people who have advanced degrees

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BharatPremi

07-12 10:57 AM

Well, I meant in the light of these new details coming out about visa numbers actually being available as claimed by "knowledgeable sources", and also in the light of the *kind of* questions being asked by Zoe Lofgren.

Just read the Ombudsman's report today - though I'd heard about these facts floating aroiund...

Not claiming to make some new discovery here... merely stating that it kinda makes sense now.

Sorry to start a new thread about this.... listened to Rajiv Khanna's recorded conf call and apparently he's not very hopeful anything will come out of AILF's class action...

jazz

What conference call you heard was more emphasizing not to file during July with a secure note that filing would not hurt too. But after that lot of water has flowen down from upper Ganges to Bengal Bay. After that Rajiv changed the opinion and specifically put a note on home page of immigration.com. That note now says it is smart to file in July. This gives us the hint, at least I beileve, in the background USCIS is forced to come up with favorable solution to us perhaps without the need of lawsuite by AILF. Around same time Greg Siskind came up with news that USCIS is holding the cases.. So let's wait

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mbartosik

05-30 01:17 PM

Following this logic only BEC cases are affected.
I use the word "only" caughtiously because there are still a lot in BECs and if it is you it is not a statistic.

If BECs complete processing by year end then all I140s could be issued within a few months of that.

After BEC cases have been processed then what's the problem since PERM is workable?

The only problems I see are:
BEC cases -- it is unacceptable to leave them out in the cold after such a long wait.
Abusive employers cancelling I140 before a new I140 is obtained after moving jobs.

The extension beyond 6th year was only ever intended to allow for the labor certification backlog.

Unfortunately the law makers acted too late and many had to leave some years ago before 7th year extensions were allowed. I hope they don't make up for that by acting too soon now (before BECs complete processing).

If the BECs complete their job, why would there be a need for 7th year extensions?

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masterji

05-23 08:18 PM

People do not earn Ph.D. for money. A Ph.D. gives you prestige and you literally stand tall in the crowd for the rest of your life. People call you 'Dr.', which has more value than anything. Most importantly faculties NEVER lose their jobs once they are tenured......NEVER. There is NOTHING in this universe that can fire a Professor (excepting criminal offenses, academic dishonesty etc.). They never fear that their employer will ill treat them, not pay them, yale at them etc. etc. It takes years of blood and sweat (and intelligence) to earn a Ph.D. Society treats them with reputation and not no mention they live a peaceful life (professionally) throughout their lives.

Perhaps so. Because most ones I know (faculty) are in EB1. Actually
a lot of denials can be appealed and they can get EB1. But often faculty
arent aggresive about it and are fine with EB2. Patience is a virtue all PhDs
have (live on 17K annual salary for 5 to 6 years followed by 1 year as post doc on around 30K) and you guys complain of 50K salary.

However not many Phd are awarded each year and the impact wont be much. STEM Masters/PhD along with using of unused previous quota will
make a significant impact.

However based on past experience I doubt the Hispanic caucus will
allow this to pass. H1B/EB reform is the sweetener for the amnesty bill
they want to pass. Allowing this to pass leaves the most politically toxic waste to be left behind for CIR.

However we should always try our best. Atleast they are taking of
EB reform now.

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