ajthakur
07-14 06:24 PM
Thanks Ramba. I appreciate your positive comments. I guess the only doubt now is to find out a way whether employer had revoked my 140 before 180 days? If they didnt I am 100% safe now.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
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ita
02-02 03:25 PM
desi3933,
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
techskill
09-18 12:28 PM
Then we shud ask him what are the fundametals of the economy.Because once he said he doesnt know anything abt economy.
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masouds
02-15 04:48 PM
You are blaming Indians and Chinese as a community to be racists. I will rather not mix with people who think like you. It is your perception, not a chinese or Indian problem.
No I didn't. What I said was that they keep to themselves. I don't know. If there was 10 of us Iranians in one department here, maybe we would have kept to ourselves too.
And I don't really care about who you mix with. Really. You are not that important. Neither am I.
No I didn't. What I said was that they keep to themselves. I don't know. If there was 10 of us Iranians in one department here, maybe we would have kept to ourselves too.
And I don't really care about who you mix with. Really. You are not that important. Neither am I.
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kopra
10-20 03:47 PM
for the records....Obama also voted for the CIR which had EB reforms and he came to senate only recently in 2004
Obama may be great...but we dont know...At least McCain has helped sponsor or vote in favor of EB bills in the past...So History on EB supports him more than Obama....
Obama may be great...but we dont know...At least McCain has helped sponsor or vote in favor of EB bills in the past...So History on EB supports him more than Obama....
mi2
01-17 03:43 PM
Setup through my bank.
Good job IV!
Good job IV!
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satyasrd
09-09 02:10 PM
Almost everyone I know these days applies in the EB2 category. If the gates open and EB2 is made current, I think it's in the best interest for EB3 to pack their bags and go home.
Just my 2 cents
Just my 2 cents
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ronhira
03-12 11:14 AM
I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.
Need my trust and money, please earn it.
so u'r sachbole - employee of that tracker site..... wonder y u hate iv......
u did not contribute to iv by sending faxes & making those phone calls.... u did that for u'rself...... u'r not doing me or anyone else a favor by sending faxes or making phone calls.....
no one needs u'r trust becoz u'r a paid employee of a business that is against each one of us getting green card...... if everyone will get gc then who will track their application.... meaning no ad revenue for u..... isn't that right? sachbole?
Need my trust and money, please earn it.
so u'r sachbole - employee of that tracker site..... wonder y u hate iv......
u did not contribute to iv by sending faxes & making those phone calls.... u did that for u'rself...... u'r not doing me or anyone else a favor by sending faxes or making phone calls.....
no one needs u'r trust becoz u'r a paid employee of a business that is against each one of us getting green card...... if everyone will get gc then who will track their application.... meaning no ad revenue for u..... isn't that right? sachbole?
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monika
07-23 07:33 PM
When we emailed him about our concerns regarding this issue his response was the following:
I have won many cases without it. It�s not something we need to worry about at this point b/c we don�t have receipts yet. If immigration needs it they will likely request it.
To tell you the truth I'm still very worried.
I have won many cases without it. It�s not something we need to worry about at this point b/c we don�t have receipts yet. If immigration needs it they will likely request it.
To tell you the truth I'm still very worried.
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nixstor
07-05 11:52 AM
People are voting, but do not want to voice their opinion on why this should be a paid site or not. Did I say anything wrong about paid subscriptions? Those who are voting "NO", Can you enlighten me why a wesbite that we hang on to every day for atleast one hour should be FREE? Why should so much of energy go waste all the time running funding drives? Why does a Murthy or Rajiv's 15 min consultation has to be 225USD and IV's community knowledge leveraged for not even peanuts?
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veerug
07-03 07:55 PM
What IV will do different than what AILF is planning to do? They are not asking for any money for participating in litigation. What will happen if you don't reach your target of $5000 before you do something? (may be lawsuit).
Nobody takes money for filing lawsuit in any case, atleast not in advance.
No offense, but i thought you need to be little bit more clear in what exactly you plan to do with $5000.
I don't care if you get offended with my asking. But I am trying to unsderstand if i am missing something.
Nobody takes money for filing lawsuit in any case, atleast not in advance.
No offense, but i thought you need to be little bit more clear in what exactly you plan to do with $5000.
I don't care if you get offended with my asking. But I am trying to unsderstand if i am missing something.
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shantanup
03-16 05:44 PM
Infinite_Patience_GC,
Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.
Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.
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feedfront
09-21 05:10 PM
Well, I talked to my civil surgeon who did medical exam report. He said he no longer does this anymore. So I will have to redo exam.
My attorney will be just sending new medical report and not AC-21.
My attorney will be just sending new medical report and not AC-21.
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gemini23
09-26 10:13 AM
Can the IV core make this a sticky thread or display it prominently in the main page..so that we can this as one of the action items for today.
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svr_76
06-10 12:45 PM
I dont want to undermine the need of the hour to contribute to IV/other efforts however-
From the content it appears the DHS secretary may not approve "a petition by an employer" for "any visa" authorizing employment in the United States unless the employer has provided written certification.
This means that H1B and I-140 filed by any employer cannot be approved if they have not provided written certification regarding Layoffs. This further enforce Labor Certification and clients who are laying offing citizen/perm and then replacing them with H1B holder.
EAD renewals are not "Visa" filed by employer that authorize employment. So I think that is excluded.
What this seems to target are companies that layoff existing US employee citizen and immidiately replace/hire ppl on H1B or file labor certification/I140 for others. (e.g. Microsoft other companies which are replacing existing employees with H1B - for lower pay?).
From the content it appears the DHS secretary may not approve "a petition by an employer" for "any visa" authorizing employment in the United States unless the employer has provided written certification.
This means that H1B and I-140 filed by any employer cannot be approved if they have not provided written certification regarding Layoffs. This further enforce Labor Certification and clients who are laying offing citizen/perm and then replacing them with H1B holder.
EAD renewals are not "Visa" filed by employer that authorize employment. So I think that is excluded.
What this seems to target are companies that layoff existing US employee citizen and immidiately replace/hire ppl on H1B or file labor certification/I140 for others. (e.g. Microsoft other companies which are replacing existing employees with H1B - for lower pay?).
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kutra
03-05 09:07 PM
Now is *exactly* the right time to buy a house (at least in California). The prices are not spiraling down (they've already hit bottom). The interest rates are low and prices are low.
Best of luck trying to hold on to a falling knife. Here's some CA RE data for you to consider since you have so confidently predicted the bottom...
- http://www.dqnews.com/
- http://www.housingtracker.net/
- http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm
(http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm)
Anyway, I am not getting into any argument about whether you are correct or wrong. As I said, best of luck buying a house at this *exact* moment. I only hope other CA residents (and everyone across the US) do their own research before buying a house. If this fits in with your risks, rewards, plans, finances, etc. then by all means, go for it.
Best of luck trying to hold on to a falling knife. Here's some CA RE data for you to consider since you have so confidently predicted the bottom...
- http://www.dqnews.com/
- http://www.housingtracker.net/
- http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm
(http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm)
Anyway, I am not getting into any argument about whether you are correct or wrong. As I said, best of luck buying a house at this *exact* moment. I only hope other CA residents (and everyone across the US) do their own research before buying a house. If this fits in with your risks, rewards, plans, finances, etc. then by all means, go for it.
more...
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abc
11-17 12:34 PM
How long can we keep our career on hold..
I have decided to switch with a better job and restart with PERM. Anyway, EB3/2003 PD is no GOLD.
Even if some law gets passed in 2007. With new EB2, I will get GC may be max 1/2 years later.
What do you think?
I have decided to switch with a better job and restart with PERM. Anyway, EB3/2003 PD is no GOLD.
Even if some law gets passed in 2007. With new EB2, I will get GC may be max 1/2 years later.
What do you think?
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smuggymba
06-11 08:57 AM
sent to TX senators.
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xbohdpukc
12-11 03:44 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
INA should be changed which should be done through a legislative process, not through any rule making.
kedrex
07-18 08:02 PM
bump it up - this is way too important!
vshar
03-12 09:59 AM
Priyah Dosto,
Visa Bulletin Gaand Mein Ley Lao Ab..... Kuch nahi hone waala.
believe me I laughed for 2-3 minutes after reading your comment. Keep it up.:D
Visa Bulletin Gaand Mein Ley Lao Ab..... Kuch nahi hone waala.
believe me I laughed for 2-3 minutes after reading your comment. Keep it up.:D