MerciesOfInjustices
06-07 11:21 PM
Well said!
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noone2day78
02-19 08:13 AM
ohh is this really true? can u specify a source for this ?
Dandruff said "You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status."
Is this true for ppl who haven't done masters in usa?
Dandruff said "You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status."
Is this true for ppl who haven't done masters in usa?
amitjoey
09-14 04:11 PM
It looks like a case of misunderstanding. Did you explain why you had the change of heart?. Explain your personal situation -like you are explaining here- with the pregnancy and commute time and doctors visits that are required every week?. I am not sure why a sane person wont understand the reasons why you decided not to join them. Further, if they do not understand, ask them if they have filed paperwork for H1?. If NO, then what is the claim of $3000 for?
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FinalGC
12-02 02:55 PM
I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change>>>
>>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....
You cannot transfer to H4, since the 6 year limit is for the "H" category.
I dont think you can work on OPT immediately after applying for F1.
As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
=> Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)
>>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....
You cannot transfer to H4, since the 6 year limit is for the "H" category.
I dont think you can work on OPT immediately after applying for F1.
As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
=> Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)
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UKannan
03-31 11:57 AM
This guy might not have even seen the airport/airplane�.:rolleyes:
raj1998
04-13 09:58 AM
You can take any position anywhere with anyone...H1B is only if you want to work in the US
You dont have to be physically present in US. One can join a company in US on H1 and work any where else through that employer
You dont have to be physically present in US. One can join a company in US on H1 and work any where else through that employer
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gk_2000
04-30 12:23 AM
May be 10% might have become entrepreneurs...? Definitely not everyone has started a 10person or even 1 person company....People are doing good but they just work as programmers or so called project managers...you know its not a big deal to become a Project manager in India..
But 150K entrepreneurs...:p
I have not read that report completely, but ...
1. GC Vovek seems to say there was not a single person who left US to become an entrepreneur. This is not true 100% sure
2. The 150k might be spread over last 20 years, or 10 years at least, or ever since the backlogs became an issue. This means the figure drops to about 15k per year, which sounds much more plausible
The answer may well lie somewhere in between..
But 150K entrepreneurs...:p
I have not read that report completely, but ...
1. GC Vovek seems to say there was not a single person who left US to become an entrepreneur. This is not true 100% sure
2. The 150k might be spread over last 20 years, or 10 years at least, or ever since the backlogs became an issue. This means the figure drops to about 15k per year, which sounds much more plausible
The answer may well lie somewhere in between..
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FinalGC
11-06 11:43 AM
Here is a crutch for you.
You have an employee agreement which says that you will be paid health benefits. All you need to tell your Company A (if he comes after you), that you will report them to USCIS that you have exploited him and gave the wrong information before joining the company. This will prevent any desi..staffing company to advance to you, since all their future H1's will be heavily scrutinized and possibly his company will be shut down. He will have his own battle with USCIS. This will prevent him to come after you.
If I were you, I would have all kinds of written emails and documents ready for me to show the old employer that you have proof that the old employer was exploiting you.....I am sure you can come up with tons of things, like not paying on bench. Don't ever talk such matter, always write emails and ask feedback.
Email trails are the best way to keep all these staffing and desi companies at bay and prevent them from exploiting employees......I am speaking from experience buddy.....I had one guy after me and being a PM, by profession I saved all such email trails and he knew that. When I left him he gave me back the $11K, that he had taken from me illegally.
Yes, it is a good idea to spend 100-200 bucks with a reputed attorney like Murthy or Khanna or Shusterman to check your status before you jump. This will give you additional confidence to jump ship.
I get sad and angry at these desi employers who exploit their employees....I am sure some day they will reap what they have harvested....tears and pain of these exploited employees.....
My suggestion to my fellow colleagues is...those of have gone through this struggle...please do not become like them when you too come out of this GC maze.....
You have an employee agreement which says that you will be paid health benefits. All you need to tell your Company A (if he comes after you), that you will report them to USCIS that you have exploited him and gave the wrong information before joining the company. This will prevent any desi..staffing company to advance to you, since all their future H1's will be heavily scrutinized and possibly his company will be shut down. He will have his own battle with USCIS. This will prevent him to come after you.
If I were you, I would have all kinds of written emails and documents ready for me to show the old employer that you have proof that the old employer was exploiting you.....I am sure you can come up with tons of things, like not paying on bench. Don't ever talk such matter, always write emails and ask feedback.
Email trails are the best way to keep all these staffing and desi companies at bay and prevent them from exploiting employees......I am speaking from experience buddy.....I had one guy after me and being a PM, by profession I saved all such email trails and he knew that. When I left him he gave me back the $11K, that he had taken from me illegally.
Yes, it is a good idea to spend 100-200 bucks with a reputed attorney like Murthy or Khanna or Shusterman to check your status before you jump. This will give you additional confidence to jump ship.
I get sad and angry at these desi employers who exploit their employees....I am sure some day they will reap what they have harvested....tears and pain of these exploited employees.....
My suggestion to my fellow colleagues is...those of have gone through this struggle...please do not become like them when you too come out of this GC maze.....
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srikanthmavurapu
08-16 03:25 PM
which state your employer belongs to?
its in Virginia
its in Virginia
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puskeygadha
05-22 10:15 AM
Hello -
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
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gxr
10-15 10:41 AM
Folks - My (EB3) I140 got approved.
RD - Oct 7, 2006
Service Inquiry - Sept 18, 2007
Approval Date: Oct 15, 2007
RD - Oct 7, 2006
Service Inquiry - Sept 18, 2007
Approval Date: Oct 15, 2007
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Abhinaym
08-13 02:49 PM
who is vld rao?
It's actually VDLRao, as far as I know...
It's actually VDLRao, as far as I know...
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jthomas
04-03 03:03 PM
Answer to question 1 :- You cannot work for two employers and take pay checks from both of them at the same time.(being in H1B)
Answer to question 2 :- When you are looking ot switch jobs and do a H1B transfer. The receipt would take around 2 weeks. Unless you get the receipt you cannot move to your new job. Your new employer has to file the petition. Some fees such as fraud fee $500/- and another $1500/- needs to be paid by your employer and not by you. Attoneys fee can by paid by anybody. Take any average immigration lawyer. my suggestion, Its worth paying to a good lawyer than taking any stress down the road.
I had consulted Visa pro and asked them couple of questions.Their consulancy fee was not expensive 4 years back.
3. I would wait till the H1B receipt. I don't know this answer.
Thanks
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
Thanks a lot!
Answer to question 2 :- When you are looking ot switch jobs and do a H1B transfer. The receipt would take around 2 weeks. Unless you get the receipt you cannot move to your new job. Your new employer has to file the petition. Some fees such as fraud fee $500/- and another $1500/- needs to be paid by your employer and not by you. Attoneys fee can by paid by anybody. Take any average immigration lawyer. my suggestion, Its worth paying to a good lawyer than taking any stress down the road.
I had consulted Visa pro and asked them couple of questions.Their consulancy fee was not expensive 4 years back.
3. I would wait till the H1B receipt. I don't know this answer.
Thanks
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
Thanks a lot!
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anandrajesh
05-04 01:56 PM
wellwishergc..
looks like u have some more knowledge in these matters. My ex employer got a 45day letter filed in Oct2003 EB2 case. they replied to go ahead with the case. When the labor approves and in a scenario, that employer has no project at the point of time to hire me back, can he file my 140 and then the 485...??
That employer is not a consulting company and thus needs a position for me and is a big-big company. If I request them they will file the 140, but will taht be okay if I am not working at that time...??
thx
Yes, you dont have to be employed by the company to file for I-140. They can do GC as a "Prospective Employee" & for "future employment". The only downside to that is they look at lot of company's details, like ability to pay, returns for the last few years and so on. But if your company is a big company that shldnt be an issue.
looks like u have some more knowledge in these matters. My ex employer got a 45day letter filed in Oct2003 EB2 case. they replied to go ahead with the case. When the labor approves and in a scenario, that employer has no project at the point of time to hire me back, can he file my 140 and then the 485...??
That employer is not a consulting company and thus needs a position for me and is a big-big company. If I request them they will file the 140, but will taht be okay if I am not working at that time...??
thx
Yes, you dont have to be employed by the company to file for I-140. They can do GC as a "Prospective Employee" & for "future employment". The only downside to that is they look at lot of company's details, like ability to pay, returns for the last few years and so on. But if your company is a big company that shldnt be an issue.
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ruchigup
08-22 03:56 PM
Del Rey, Bernsen & Loewy, LLP - San Francisco - just Google them....you should be able to find contact information. They've treated me wonderfully!!
"Fragomen, Del Rey, Bernsen and Loewy, LLP" are doing my H1-B transfer and I had a good experience dealing with them so far (though brief).
Only thing is for GC I am little reluctant due to their PERM cases being the traget of audit
"Fragomen, Del Rey, Bernsen and Loewy, LLP" are doing my H1-B transfer and I had a good experience dealing with them so far (though brief).
Only thing is for GC I am little reluctant due to their PERM cases being the traget of audit
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leoindiano
03-17 12:35 PM
I have a priority date of March 2004 (EB2 India) and I am still waiting for my Green Card. I think majority of the 2004 filers are in the same boat except for a lucky few who were able to get the green card after the July fiasco.
So don't buildup your hopes too high. I firmly beleive that very soon there will be a repeat of what we saw last year in July and the green cards will be distributed once again out of order.
So if you are one of those luck ones, you might get it.
Good Luck!!
You must have applied for I-485 after july 1st, correct?
So don't buildup your hopes too high. I firmly beleive that very soon there will be a repeat of what we saw last year in July and the green cards will be distributed once again out of order.
So if you are one of those luck ones, you might get it.
Good Luck!!
You must have applied for I-485 after july 1st, correct?
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cahaba
04-13 12:36 AM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
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r2i2009
09-21 09:47 PM
Thanks...your replies were compassionate and philosophical in a way.
Let me rephrase it. With current Globalization and other means to come to US such as B1,L1 etc....why are we stuck to this phase for years.
See tonnes of people going back----are we chasing something we are not supposed to do?
Let me rephrase it. With current Globalization and other means to come to US such as B1,L1 etc....why are we stuck to this phase for years.
See tonnes of people going back----are we chasing something we are not supposed to do?
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WillIBLucky
12-08 08:45 AM
Why is IV very silent today? Is it a good sign or something else? Or is everyone in front of Cspan?
aadimanav
02-08 10:32 AM
Ok. So if I summarize, you guys are providing the following ranges:
22 Lakhs to 40 Lakhs
20 Lakhs to 35 Lakhs
12 Lakhs to 15 Lakhs
3 Lakhs to 4 Lakhs
That means, 3 Lakhs to 40 Lakhs. :)
Wow! what a huge difference
22 Lakhs to 40 Lakhs
20 Lakhs to 35 Lakhs
12 Lakhs to 15 Lakhs
3 Lakhs to 4 Lakhs
That means, 3 Lakhs to 40 Lakhs. :)
Wow! what a huge difference
styrum
11-10 04:44 PM
Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.
Thanks for all the inputs
Please somebody clarify how exactly this is done with PERM. If it's a consulting company, should all advertisement, PWD and Job Order be done in the location of the main office? The job location indicated on the PERM should also then be the main office, but the job description must mention that projects may be located all over US? There is really no place on the PERM form for "alternate" location. Where is that exception for consulting companies mentioned? Can somebody please clarify?
Thanks for all the inputs
Please somebody clarify how exactly this is done with PERM. If it's a consulting company, should all advertisement, PWD and Job Order be done in the location of the main office? The job location indicated on the PERM should also then be the main office, but the job description must mention that projects may be located all over US? There is really no place on the PERM form for "alternate" location. Where is that exception for consulting companies mentioned? Can somebody please clarify?
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