superdoc
09-22 10:00 PM
I think your plan may work out just fine. I would make a couple of suggestions:
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
very helpful reply..I guess i will go ahead and take the plunge next year ...who knows if the stars are right we may all be greened soooooon.!
gave u $$..thanx
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
very helpful reply..I guess i will go ahead and take the plunge next year ...who knows if the stars are right we may all be greened soooooon.!
gave u $$..thanx
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smsthss
12-07 10:43 AM
what is the typical processing time stated by USCIS on its website for issuing EAD card. Where in USCIS website is it mentioned?
chanduv23
06-12 01:26 PM
Your frustration is understandable. But, the reason for such a situation is not because of IV.
Things are not working for a lot of people and yes, things are very very difficult.
Behind thee scenes IV is building a strong organization. People approach IV saying they can help in all possible ways, IV coordinator talks to them and coordinates efforts.
Lots of efforts are happening in background.
Fresh new ideas are welcome and initiatives are also welcome. Today I started a new campaign along with a team dedicated for this. Behind the scenes I picked some real good members , talked to them and everyone are charged up to do something.
On an open forum all IV can say isJoj a state chapter, donate to IV.
So if you are interested, contact IV and someone will connect with you
Things are not working for a lot of people and yes, things are very very difficult.
Behind thee scenes IV is building a strong organization. People approach IV saying they can help in all possible ways, IV coordinator talks to them and coordinates efforts.
Lots of efforts are happening in background.
Fresh new ideas are welcome and initiatives are also welcome. Today I started a new campaign along with a team dedicated for this. Behind the scenes I picked some real good members , talked to them and everyone are charged up to do something.
On an open forum all IV can say isJoj a state chapter, donate to IV.
So if you are interested, contact IV and someone will connect with you
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chanduv23
10-03 01:27 PM
^^^^^^^^^^^^
more...
sorcerer666
04-21 02:14 PM
The onus lies on you to do the needful not US Government or IV. I have known people who left their well established career to take care of their folks. You are looking for the solution to your problem on this message board, however you need not look this far. Enough said.
Exactly! This person is making her parents go back and forth every six months, but wont consider moving back home and post such stupid questions and asks why don't create a new visa category?? Ask her if she will go meet lawmakers for this??
Exactly! This person is making her parents go back and forth every six months, but wont consider moving back home and post such stupid questions and asks why don't create a new visa category?? Ask her if she will go meet lawmakers for this??
nixstor
10-10 04:28 PM
The Schedule A Workers category has become oversubscribed for November and a cut-off date established to hold number use within the 50,000 numerical limit. It is expected that demand will bring allocations up to the program limit during November. Once the limit is reached no further allocations will be possible, and the category listing will be removed from future cut-off date tables.
A PD for Schedule A category is for those people filing under EB2 with exceptional skills in arts and sciences . We had a post recently. Nurses and PT's do not have PD's as they do not have to file Labor Cert in the first place.
A PD for Schedule A category is for those people filing under EB2 with exceptional skills in arts and sciences . We had a post recently. Nurses and PT's do not have PD's as they do not have to file Labor Cert in the first place.
more...
seeker
05-24 10:31 AM
Status quo is far far much better that passing this bill which has articulately been designed to screw us completely.
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chanduv23
06-12 01:26 PM
Your frustration is understandable. But, the reason for such a situation is not because of IV.
Things are not working for a lot of people and yes, things are very very difficult.
Behind thee scenes IV is building a strong organization. People approach IV saying they can help in all possible ways, IV coordinator talks to them and coordinates efforts.
Lots of efforts are happening in background.
Fresh new ideas are welcome and initiatives are also welcome. Today I started a new campaign along with a team dedicated for this. Behind the scenes I picked some real good members , talked to them and everyone are charged up to do something.
On an open forum all IV can say isJoj a state chapter, donate to IV.
So if you are interested, contact IV and someone will connect with you
Things are not working for a lot of people and yes, things are very very difficult.
Behind thee scenes IV is building a strong organization. People approach IV saying they can help in all possible ways, IV coordinator talks to them and coordinates efforts.
Lots of efforts are happening in background.
Fresh new ideas are welcome and initiatives are also welcome. Today I started a new campaign along with a team dedicated for this. Behind the scenes I picked some real good members , talked to them and everyone are charged up to do something.
On an open forum all IV can say isJoj a state chapter, donate to IV.
So if you are interested, contact IV and someone will connect with you
more...
dummgelauft
07-01 11:11 AM
Do you really agree with multi-national managers(via L1A). This is the area wherein the interpretation is pretty loose. If you dissect EB1 data you would find that EB1C used bulk of it except for this year due to bad economy and tightening of screws. There should be some very clearly defined guidelines for EB1-C, somebody being an onsite coordinator or managing 5 people should not be eligible. This category should be reserved for those who are managing at least 100 people or control business in several millions. I agree that EB1 should be just for the exceptional.
Exactly. There seems to be a mis-conception, which to a large extent has been fueled by some unethical companies, that being on L1A and having a gaggle of a few developers at client sites makes one "exceptional" and eligible for EB1.
If somebody feels they should qualify for EB-2 after X years of experience,well, reason it out with your employer and re-file. I went through this. Restarted the whole process..labor and the whole shebang...to file in EB2 just because I was unable to convince the HR manager at one of my previous employers. That is the reason my PD is Oct 2006 and not July 2003.
Exactly. There seems to be a mis-conception, which to a large extent has been fueled by some unethical companies, that being on L1A and having a gaggle of a few developers at client sites makes one "exceptional" and eligible for EB1.
If somebody feels they should qualify for EB-2 after X years of experience,well, reason it out with your employer and re-file. I went through this. Restarted the whole process..labor and the whole shebang...to file in EB2 just because I was unable to convince the HR manager at one of my previous employers. That is the reason my PD is Oct 2006 and not July 2003.
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gccovet
05-21 01:36 PM
I don't know about that...is it true that i can get interim EAD after 90 days???
Not sure if this rule still valid (some websites still has them , including murthy),
check this out
http://www.murthy.com/news/n_intead.html
GCCovet
Not sure if this rule still valid (some websites still has them , including murthy),
check this out
http://www.murthy.com/news/n_intead.html
GCCovet
more...
Madhuri
08-01 01:49 PM
Exactly! You can not expect them to do equally well in Indian school system as what they are performing in US. The school system focus is completely different and there is no easy way out for kids/parents to adapt to it. I am not criticizing either school systems. Both of them have pros and cons. And all this discussion holds true when you have option to move to Canada. If you don't, then it's better to pack before the kids grow older.If you have kids then its easy to move to India before the Kid goes to 2nd or 3rd grade ie before they are 8 or 9 yrs old. After that there is no way you can take a kid out of school in US and expect them to be competitive in India.
This is based on US public school system standards (if you are homeschooling its different). I had friends when I was in India who had lived all their lives in Middle Eastern countries and even though they had studied in Indian system they felt it difficult to compete there.
This is based on US public school system standards (if you are homeschooling its different). I had friends when I was in India who had lived all their lives in Middle Eastern countries and even though they had studied in Indian system they felt it difficult to compete there.
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chanduv23
04-08 01:53 PM
What about non Indians? Will Indian govt welcome them to join the Indian workforce?
more...
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h1techSlave
09-22 10:17 PM
No, we are not going to abuse this and we won't be sending stuff over and over. But stoppers have a very Specific significance: to educate and differentiate between legal and illegal. A stopper says "Stop the reverse brain drain"...A stopper would pique people's interest becase we are typically lumped in with illegals, and a stopper does not exemplify what illegals are. Illegal immigration's message is: "legalize us and help new guest workers come", our stopper says "We are already legal and are already leaving, fix this before we all leave"
Actually, many Indians with US Citizenship are leaving too. What I have seen with my friends and coworkers is that, the moment they receive the US passport they book a flight to India and come back when ever they please. If media picks up that fact, then what is our strategy?
Actually, many Indians with US Citizenship are leaving too. What I have seen with my friends and coworkers is that, the moment they receive the US passport they book a flight to India and come back when ever they please. If media picks up that fact, then what is our strategy?
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va_labor2002
09-15 09:56 PM
It is created to sharing ideas among members - to resolve immigration matters - not to discuss other topics like real estate investments etc. It is okay to quote one's or someone else's progress in financial matters in the context of his/her immigration status, but to make a complete turn and just discuss the specifics of financial investments etc. doesn't have a place on this forum.
My 2 cents..
I don't agree with you.
While we are waiting for GC,What options we have in US ? How to use our time more effectively instead of worrying too much ? This is what we were discussiing. It is indirectly related to immigration.
Take it easy Man.....Don't worry too much about the content !
My 2 cents..
I don't agree with you.
While we are waiting for GC,What options we have in US ? How to use our time more effectively instead of worrying too much ? This is what we were discussiing. It is indirectly related to immigration.
Take it easy Man.....Don't worry too much about the content !
more...
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popoye
07-08 12:01 PM
I have EAD approved and 485 pending over 180 days. But 140 is still in process. My company decided to lay me off. What options do I have ?
1. The company is not mean to revoke my 140 unless it is required by law to revoke 140 for all lay offs, Please advise.
2. What options do i have now to retain my GC process
1. The company is not mean to revoke my 140 unless it is required by law to revoke 140 for all lay offs, Please advise.
2. What options do i have now to retain my GC process
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rdehar
05-02 05:12 PM
What is this OBC battle you are talking about?
There you go:
http://en.wikipedia.org/wiki/Other_Backward_Classes
There you go:
http://en.wikipedia.org/wiki/Other_Backward_Classes
more...
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gcisadawg
01-16 12:19 PM
Robbers charging your credit card is no big deal either. There are federal laws protecting us on incorrect credit card charges. Would you want to risk your life for just $50?
Year ago, my credit card was used by someone in Vegas and they charged about $2000.....I didn't loose my card and I was no where near Vegas during that time. My bank didn't charge me even a penny after going thru the identity theft complaint process which involved sending couple of mails with some notarized stuff and few phone calls.
Last month, my wife's handbag (had card in it) was pick-pocketed in a small town in India and they tried to use the card. We were on vacation and immediately called the bank and canceled the card.
Point is, whether it is India or US or anywhere, if a thief gets hold of your card, they would try to use it. For some, there is nothing like a free lunch!
Another example my ex-boss in US had. There was a homeless person in his area and he used to see him almost every day. One day he decided to do something, talked to him and asked him to sign-up with his church rehab group, get him a job etc....My ex-boss was serious but the homeless promptly rejected all the offers and instead he just wanted to remain as homeless only. He didn't even want to try....
Thanks,
GCisaDawg
Year ago, my credit card was used by someone in Vegas and they charged about $2000.....I didn't loose my card and I was no where near Vegas during that time. My bank didn't charge me even a penny after going thru the identity theft complaint process which involved sending couple of mails with some notarized stuff and few phone calls.
Last month, my wife's handbag (had card in it) was pick-pocketed in a small town in India and they tried to use the card. We were on vacation and immediately called the bank and canceled the card.
Point is, whether it is India or US or anywhere, if a thief gets hold of your card, they would try to use it. For some, there is nothing like a free lunch!
Another example my ex-boss in US had. There was a homeless person in his area and he used to see him almost every day. One day he decided to do something, talked to him and asked him to sign-up with his church rehab group, get him a job etc....My ex-boss was serious but the homeless promptly rejected all the offers and instead he just wanted to remain as homeless only. He didn't even want to try....
Thanks,
GCisaDawg
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mbhang
04-08 02:32 PM
If there is unity, and all of us walk out with all our money, this would definitely get the attention of the lawmakers.
I suggested the same action last year. Right now, waiting for 485 (EB 2 LC took close to 6 years) - but I feel if 20-30K of us left (and take our money with us too, don't leave it here to work for this country) because we are being screwed by the stupid immigration laws, that will have a bigger impact in changing the laws than any lobbying effort possibly would.
I suggested the same action last year. Right now, waiting for 485 (EB 2 LC took close to 6 years) - but I feel if 20-30K of us left (and take our money with us too, don't leave it here to work for this country) because we are being screwed by the stupid immigration laws, that will have a bigger impact in changing the laws than any lobbying effort possibly would.
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anai
03-28 10:24 AM
anai,
Resolving the BEC problem is definitely one of IV's main goals. There is no way I will believe in DOL's claim of clearing all the back logs by Oct 2007.
IV has had a number of discussions with lawmakers and administrative officials, first to understand the issue and next to solve it. There are two ways to solve it. From our discussions, it has become clear that the lawmakers still view this as a temporary problem and are not willing to legislate on that behalf. Never the less all of them did agree that the efficiency of the BECs left a lot to be desired. So we were working a bi-partisan coalition of lawmakers who were willing to put pressure on DOL and USCIS on the need for efficiency and transparency.
All of this was before the crazy pace with which the Comprehensive Immigration Bill began to move. We do have to realize that this bill is a golden chance to have our provisions in place and we have less than 2 weeks to works on it. Frist wants either of the Immigration Bills to be passed before Apr 7th. If we do miss out on our goals in this bill and this bill gets passed, we will not be able to revisit our issues for a long time. So right now a lot of the attention is being given to it. This does not mean that BEC is forgotten. Hope you do understand.
I appreciate all that the more active members at IV are doing for BEC resolution. A sincere thank you.
My posts were aimed at addressing the naive belief among a few members that the BEC mess is a non-issue. The IV community, I am sure, realizes that the BEC mess needs resolution. I do not think that IV has forgotten BEC issues; it wouldn't be one of our goals had we forgotten about it.
Of course, different issues are to be highlighted at different times, depending on tactical necessities. So it is only appropriate that the current focus is on the bills. Those who are intimately and acitvely involved must of course set the priorities as they see fit.
Resolving the BEC problem is definitely one of IV's main goals. There is no way I will believe in DOL's claim of clearing all the back logs by Oct 2007.
IV has had a number of discussions with lawmakers and administrative officials, first to understand the issue and next to solve it. There are two ways to solve it. From our discussions, it has become clear that the lawmakers still view this as a temporary problem and are not willing to legislate on that behalf. Never the less all of them did agree that the efficiency of the BECs left a lot to be desired. So we were working a bi-partisan coalition of lawmakers who were willing to put pressure on DOL and USCIS on the need for efficiency and transparency.
All of this was before the crazy pace with which the Comprehensive Immigration Bill began to move. We do have to realize that this bill is a golden chance to have our provisions in place and we have less than 2 weeks to works on it. Frist wants either of the Immigration Bills to be passed before Apr 7th. If we do miss out on our goals in this bill and this bill gets passed, we will not be able to revisit our issues for a long time. So right now a lot of the attention is being given to it. This does not mean that BEC is forgotten. Hope you do understand.
I appreciate all that the more active members at IV are doing for BEC resolution. A sincere thank you.
My posts were aimed at addressing the naive belief among a few members that the BEC mess is a non-issue. The IV community, I am sure, realizes that the BEC mess needs resolution. I do not think that IV has forgotten BEC issues; it wouldn't be one of our goals had we forgotten about it.
Of course, different issues are to be highlighted at different times, depending on tactical necessities. So it is only appropriate that the current focus is on the bills. Those who are intimately and acitvely involved must of course set the priorities as they see fit.
ItIsNotFunny
10-06 11:04 AM
These are not going to fix the issue at large about limited GC numbers.
We need to make sure bills like HR5882 get passed. So we need to focus on how to make this a central issue in current politics.
We need to do much bigger than a single day news ... something for which main stream media pays attention in +ve light.
I second this. It will take 1 more year for USCIS just to come out of 2001 for EB3 I unless 5882 passes!
We need to make sure bills like HR5882 get passed. So we need to focus on how to make this a central issue in current politics.
We need to do much bigger than a single day news ... something for which main stream media pays attention in +ve light.
I second this. It will take 1 more year for USCIS just to come out of 2001 for EB3 I unless 5882 passes!
zigma
08-01 07:29 AM
Looking at this scenario, it makes all the more sense to move to Canada.
Unless US starts skilled immigration, it is destined to become a 3rd world country. China would overtake it as the largest economy.
It is estimated that in about 20-30 years the worker:retiree ratio would be 2:1, thereby having a large tax on the employed.
There are lots of interesting articles on this subject.
Example of an interesting article (http://www.parapundit.com/archives/002004.html)
Unless US starts skilled immigration, it is destined to become a 3rd world country. China would overtake it as the largest economy.
It is estimated that in about 20-30 years the worker:retiree ratio would be 2:1, thereby having a large tax on the employed.
There are lots of interesting articles on this subject.
Example of an interesting article (http://www.parapundit.com/archives/002004.html)
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