japs19
01-22 11:18 AM
Red my other posts where I wrote my experience as I was asked the same question. But here's the answers to your questions in nut shell.
If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
Good luck...
Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.
I am planning to travel on AP and is not working anymore for the GC sponsoring company.
1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?
2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?
PLease advise
If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
Good luck...
Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.
I am planning to travel on AP and is not working anymore for the GC sponsoring company.
1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?
2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?
PLease advise
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saimrathi
08-10 03:10 PM
Not a big fan of recurring contribution.. would like to contribute when I feel comfortable...
from your signature it says you contributed and you voted 'no', am i missing something here?
from your signature it says you contributed and you voted 'no', am i missing something here?
justareader
03-24 04:23 PM
Mark, That was awesome. Thanks for the effort
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aj2000
01-09 03:51 PM
and so are 26 other consultants in her department. All of them are being replaced by permanent employees by client from other departments.. Basically, tough times like these., consultants are the first to be kicked out. I am awaiting my turn :(
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ca_immigrant
07-25 08:12 PM
thanks akred !
would you happen to know the approx cost for $1000 ?
or do they have this on thier website or so, I will try to search....
=========
(I just checked thier fee is nil, after looking at thier exchange rate they see to be much better than ICICI)
Thanks Again !
and more over a national bank,,, feel good when I think of using SBI instead of ICICI
now have to check if I can transfer money to my icici account using this serivce from SBI.
would you happen to know the approx cost for $1000 ?
or do they have this on thier website or so, I will try to search....
=========
(I just checked thier fee is nil, after looking at thier exchange rate they see to be much better than ICICI)
Thanks Again !
and more over a national bank,,, feel good when I think of using SBI instead of ICICI
now have to check if I can transfer money to my icici account using this serivce from SBI.
sledge_hammer
05-15 02:18 PM
At this time ONLY 30% of EB2 Indians have current PDs. I've asked this question before - don't you all think that maybe dates will not have to retrogress again? I mean, 30% is too low a percentage for triggering a backward movement of PD.
Any thoughts?
Any thoughts?
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Nil
11-10 02:54 PM
^^^^
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chi_shark
10-16 12:27 PM
look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".
my 2 cents.
may be not related ... but can someone explain what does this line mean ...
The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....
anyone ?
my 2 cents.
may be not related ... but can someone explain what does this line mean ...
The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....
anyone ?
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rc10580
06-14 11:21 AM
Wow, so you were able to file I-140 and I-485 at the same time? My PD is 11/01 but due to retrogression we are waiting for the visa numbers to become current to file :mad:
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HeeKwan
02-01 08:44 PM
Congrats
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Sandeep
03-15 11:54 AM
hi Super_Moderator,
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
There is no question of waiting and watching here - please be assured that IV is doing everything possible to address this issue. This bill is not very straight forward due to the fact that it is entangled in too many complexities which we are not even a part of. So we have to tread very carefully here. IV is getting professional advice in this regard and it would make sense to follow that advice and not jump the gun.
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
There is no question of waiting and watching here - please be assured that IV is doing everything possible to address this issue. This bill is not very straight forward due to the fact that it is entangled in too many complexities which we are not even a part of. So we have to tread very carefully here. IV is getting professional advice in this regard and it would make sense to follow that advice and not jump the gun.
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snathan
08-18 03:16 PM
Thanks for the replies guys....
TXH1B,
The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.
I think you are in trouble. The USCIS asked for your previous employer's pay stub but you supplied the pay stub from current employer. There is a strong possibility for denial. Then your employment became unauthorized. So hope for the best and prepare for the worst.
TXH1B,
The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.
I think you are in trouble. The USCIS asked for your previous employer's pay stub but you supplied the pay stub from current employer. There is a strong possibility for denial. Then your employment became unauthorized. So hope for the best and prepare for the worst.
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sobers
05-31 06:20 PM
thanks for the link jkays94. I have known FAIR and NumbersUSA anti-immigrant position for a long time know. That they are a near-permanent fixture on Dobbs show only confirms this.
My point in posting this was to illustrate that immigration (pro or anti) lobbying organizations are well-oiled machines, having their own full-time Capitol Hill staff and professionally run fundraising capabilities.
Looking at all this, it is all the more commendable what IV-QGA has achieved in S 2611 (altho to be honest our provisions are not controversial, the rabidly anti-immigrant stance has even made passage of those modest provisions recapture of unused visa numbers and filing of 485's- difficult).
My point in posting this was to illustrate that immigration (pro or anti) lobbying organizations are well-oiled machines, having their own full-time Capitol Hill staff and professionally run fundraising capabilities.
Looking at all this, it is all the more commendable what IV-QGA has achieved in S 2611 (altho to be honest our provisions are not controversial, the rabidly anti-immigrant stance has even made passage of those modest provisions recapture of unused visa numbers and filing of 485's- difficult).
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maxy
10-16 11:48 AM
i think ability 2 pay is fair question under AC21. what future employer will hate to do is put words like petition, labor, immigration, sponsorship, EB preference etc ...
they would just like to issue regular EVL which they are providing to other regular employees. may be salary, role, start date, and permanent nature of job thats it. is that enough for USCIS. thats the question. (they can always look up company papers, tax returns etc.)
they would just like to issue regular EVL which they are providing to other regular employees. may be salary, role, start date, and permanent nature of job thats it. is that enough for USCIS. thats the question. (they can always look up company papers, tax returns etc.)
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fuzzy logic
07-01 12:47 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
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morchu
04-21 01:35 PM
See my answers below:
a) Yes. You need to file another H1B+COS and wait for its approval. Wont be counted in cap.
b) Yes, you can. It is a simple application. You may even travel outside of USA and get an H4 stamp from a US consulate in India/Canada/Mexico, without any COS application.
c) Yes you can file for AOS. But at the time of filing of AOS you should have an "intention" to join the employer permanently, and the offered permanent position should be available at that time, and the employer should have an "intention" to employ you permanently.
You can file for Consular Processing, but for that you might need to file an I-824 now.
Again the same things mentioned above for AOS applies.
-Morchu
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
a) Yes. You need to file another H1B+COS and wait for its approval. Wont be counted in cap.
b) Yes, you can. It is a simple application. You may even travel outside of USA and get an H4 stamp from a US consulate in India/Canada/Mexico, without any COS application.
c) Yes you can file for AOS. But at the time of filing of AOS you should have an "intention" to join the employer permanently, and the offered permanent position should be available at that time, and the employer should have an "intention" to employ you permanently.
You can file for Consular Processing, but for that you might need to file an I-824 now.
Again the same things mentioned above for AOS applies.
-Morchu
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
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forever_waiting
04-13 12:14 PM
Why was this thread bumped up again? This bill was introduced in Jan and has been sitting in a committee since early feb and might never see light of day.
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tnite
06-26 03:29 PM
While filing for my wife's G-325A form, her last name was filled in first name and first name as last name. We got our FP notice yesterday and thats when I went back and reviewed all the forms I filed. I was wondering if any of you know what can be done so that an honest mistake can be corrected?
Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)
Check this forum (http://www.baraban.org/go/printthread.php?threadid=15493)
Question:Name misspelled on I-485 NOA
Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.
On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.
So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.
Thank you.
Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time
An attorney has suggested them to take an infopass appt and I suggest you do the same
Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)
Check this forum (http://www.baraban.org/go/printthread.php?threadid=15493)
Question:Name misspelled on I-485 NOA
Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.
On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.
So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.
Thank you.
Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time
An attorney has suggested them to take an infopass appt and I suggest you do the same
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jungalee43
12-11 11:01 AM
Very good catch. South Korea (& Philipines) falls under ROW and got a lot more EB3 visas than India. So if EB3 is born in South Korea, s/he would get GC in three years where as we are rotting for last eight years. The only reason is the country of birth. How unfair and discriminatory! Is this pre-planned?? And hardly any lawmaker is concerned. Hard to believe this is USA.
Country EB1 EB2 EB3
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
Country EB1 EB2 EB3
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
vinayskadam
11-29 08:18 PM
Thanks for the Reply and I had called up the USCIS and they had asked me to send a letter for correcting the information. I have sent the letter now along with the supporting documents. Hope evverything goes fine.
hpandey
03-02 11:36 AM
Looks like your PD is current. You might get your GC anytime. That is another factor I would consider if your GC gets approved before you get married.
Filing six months in advance seems to be a better idea.
Filing six months in advance seems to be a better idea.
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