willigetagc
08-23 09:56 AM
Hi, I hope somebody helps in my dilemma.
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
Tricky situation, many permutations. Check with a lawyer.
But I think if you file for I-140 asap you can lock in the PD. When that becomes current (chances are good if you are not from India/China) you can file for I-485, get your EAD+AP and continue working on the EAD.
Other option is to apply for a H1B change of status on the FIRST day the USCIS starts accepting applications. If you get approval, then it kicks in Oct 01, 2009. The odds of getting an approval are approximately 1 in 2. On the flip-side, you might have to restart your GC process and get a labor certification first.
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
Tricky situation, many permutations. Check with a lawyer.
But I think if you file for I-140 asap you can lock in the PD. When that becomes current (chances are good if you are not from India/China) you can file for I-485, get your EAD+AP and continue working on the EAD.
Other option is to apply for a H1B change of status on the FIRST day the USCIS starts accepting applications. If you get approval, then it kicks in Oct 01, 2009. The odds of getting an approval are approximately 1 in 2. On the flip-side, you might have to restart your GC process and get a labor certification first.
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gsc999
04-20 05:23 PM
I have already called seven members who have been active lately. I don't have other phone numbers. If you still need people to call. Let me know. You can PM me
logiclife
12-27 12:08 PM
was visiting India after 5 years..the visa on my passport expired in 2003.. no transit visa.. had the new Visa document with me though.. missed the connecting KLM flight in Amsterdam & the next available flight was the following day.. the Airline staff went through my Visa document & gave me a 24-hr transit Visa & did put me up @ a hotel outside the Airport.. 'twas a blessing in disguise as I could tick AMS off my 'to visit' list..
So you were in Amsterdam for 1 day. ;) Did you visit any of the legal hesh bars? (Just kiddin).
So you were in Amsterdam for 1 day. ;) Did you visit any of the legal hesh bars? (Just kiddin).
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rockstart
03-10 11:07 AM
Guru's
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
more...
virald
07-18 11:30 AM
I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.
I guess it looks like we should wait at least a week before calling USCIS.
Make sure guys that between now and then, your attorney has not received the application (meaning it is still with USCIS).
I guess it looks like we should wait at least a week before calling USCIS.
Make sure guys that between now and then, your attorney has not received the application (meaning it is still with USCIS).
Suva
03-12 10:26 AM
I support this.
To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.
Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..
This will achieve the following:
(1) Assured, stable fund collection for IV activities
(2) Only genuine IV supporters will sign up.
(3) To some extent, may be, will keep antis away (this is not assured, but may happen)
...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...
To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.
Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..
This will achieve the following:
(1) Assured, stable fund collection for IV activities
(2) Only genuine IV supporters will sign up.
(3) To some extent, may be, will keep antis away (this is not assured, but may happen)
...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...
more...
joydiptac
02-13 06:37 PM
Ethnic cleansing or not. I somehow knew this was coming. It was obvious, people not getting GCs for so many years. Disaster waiting to happen - count down till the next downturn.
People from Britain and Germany if you are not affected please do not comment. We are smart people we know what is happening no need to rationalize. I would like to see your reaction if you were asked to move back to your country after building a life here for almost a decade.
People from Britain and Germany if you are not affected please do not comment. We are smart people we know what is happening no need to rationalize. I would like to see your reaction if you were asked to move back to your country after building a life here for almost a decade.
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Legal
07-04 08:38 PM
only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.
I meant without country cap....
I meant without country cap....
more...
prince_waiting
09-27 11:27 AM
Cultural barriers are not so insurmountable in the US as those in the EU.
Even with the Blue Card can one work towards the naturalization process in order to become a citizen? In US you can surely do that after 5-6 years I guess.
US gives citizenship by birth to our children if they are born on US soil, EU countries do not do that. Switzerland goes to the extent of invloving local communities before deciding an applicant's request. Please refer to http://news.bbc.co.uk/2/hi/europe/6992670.stm
However we can surely make lawmakers aware of the existing competition and argue to reform the EB immigration system.
Even with the Blue Card can one work towards the naturalization process in order to become a citizen? In US you can surely do that after 5-6 years I guess.
US gives citizenship by birth to our children if they are born on US soil, EU countries do not do that. Switzerland goes to the extent of invloving local communities before deciding an applicant's request. Please refer to http://news.bbc.co.uk/2/hi/europe/6992670.stm
However we can surely make lawmakers aware of the existing competition and argue to reform the EB immigration system.
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Hope_GC
07-16 08:05 PM
Guys Looking at this false propagandas my blood boils after paying whole lot of taxes... we get to see these claims. :mad:
more...
reedandbamboo
09-14 02:03 PM
Hi,
This is for EAD Renewal (I-765)
I was working on H1 till May 08 now I am working on EAD
What should I write in column 15.(Current Immigration Status) in I-765 form
When I was on H1 in 2007, during first time EAD appliaction I filled with H1B
Please advice.
Thanks
JSQUARE
I have the same question.
This is for EAD Renewal (I-765)
I was working on H1 till May 08 now I am working on EAD
What should I write in column 15.(Current Immigration Status) in I-765 form
When I was on H1 in 2007, during first time EAD appliaction I filled with H1B
Please advice.
Thanks
JSQUARE
I have the same question.
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krishmunn
05-23 02:35 PM
Definitely much better than a computer operators'. I have high regards for people who work at reputed companies such as MS, ORCL, Apple though. By computer operator i mean people who try to speak english but sound as if they are speaking telugu.
What about those who try to speak English but sound like Hinglish (North Indian including Punjabi, Jath et al), or Bonglish (Bengali ) or Inglish (Gujarati -- "In evening I had heavy 'snakes' ).... are all of them (including you) just some "computer operator" ?
What about those who try to speak English but sound like Hinglish (North Indian including Punjabi, Jath et al), or Bonglish (Bengali ) or Inglish (Gujarati -- "In evening I had heavy 'snakes' ).... are all of them (including you) just some "computer operator" ?
more...
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grupak
03-15 06:40 PM
Dude, No one has been waiting on purpose! Do you even have a clue what was going on in 2002/03/04/05... Even though numbers were current the Labor process used to take 3-4 years! If your labor is not clear then having 485 current is not going to do much... The perm process was started in 2005!Just consider yourself lucky that atleast you have an organization like IV working for you and they was instrumental in gettin atleast EAD for you and your spouse!!
EB3->EB2 also is contributing to this.
Irrespective of the details, it should be clear that EB2 and EB3 for a lot of IV members will be backlogged. Wait times for later priority dates >2004 will be long.
So, the best thing to do is get involved actively in IV action items. Else be prepared to wait and wait and wait.
EB3->EB2 also is contributing to this.
Irrespective of the details, it should be clear that EB2 and EB3 for a lot of IV members will be backlogged. Wait times for later priority dates >2004 will be long.
So, the best thing to do is get involved actively in IV action items. Else be prepared to wait and wait and wait.
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ajthakur
07-14 06:41 PM
You are correct. I joined the new employer on H1 B transfer. I didnt use AC21(ead)to work for my new employer.
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
more...
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grinch
03-04 03:21 PM
Yeah I've been working on my entry slowly, learning some new things I never knew.
Almost done!
Almost done!
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qesehmk
02-11 08:23 PM
>> Why be rude
My apologies if my post reflected that. My intention was never that.
.
That's ok. But yes I agree that there probably was no FB spillover in 09.
Regarding assigned but not used visa number .... my guess is they are completely wasted and are not eligible for spillover. On the unused (i,e. unassigned numbers that stay with DOS) are spilled over to other category (FB to EB and EB to FB).
But this is my understanding .... not any official information :-)
My apologies if my post reflected that. My intention was never that.
.
That's ok. But yes I agree that there probably was no FB spillover in 09.
Regarding assigned but not used visa number .... my guess is they are completely wasted and are not eligible for spillover. On the unused (i,e. unassigned numbers that stay with DOS) are spilled over to other category (FB to EB and EB to FB).
But this is my understanding .... not any official information :-)
more...
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eager_immi
07-24 07:09 AM
A guy with visa #current in June, his check got encashed.Guys, check this thread out. sanjay is saying he got his checks cashed.
http://immigrationvoice.org/forum/showthread.php?t=10994&highlight=cheque
http://immigrationvoice.org/forum/showthread.php?t=10994&highlight=cheque
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sukhwinderd
03-18 08:42 AM
please PM vin13
I can donate about 30K Continental miles. Please let me know the procedure.
Thanks,
I can donate about 30K Continental miles. Please let me know the procedure.
Thanks,
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Lasantha
03-07 10:26 AM
Is it true that in some cases after you file for AC21, CIS would send a RFE for the financial details of the new company (to stablish that the new company can pay you - company tax details).
I think I heard this on the last IV attorney conference call with Attorney Prashanti. So if that's is true, what if the company does not want to send this kind of confidential information to a third party attorney (your attorney)?
Or if the company is a big one they may not want to help you with these details at all. You know, they may not want to be bothered with that sort of hassle.
Have any of you heard of a case where CIS asked for ability to pay supporting information for AC21?
I think I heard this on the last IV attorney conference call with Attorney Prashanti. So if that's is true, what if the company does not want to send this kind of confidential information to a third party attorney (your attorney)?
Or if the company is a big one they may not want to help you with these details at all. You know, they may not want to be bothered with that sort of hassle.
Have any of you heard of a case where CIS asked for ability to pay supporting information for AC21?
nixstor
07-05 11:19 AM
Yes, there are other ways that in an emergency you can keep in touch with IV. Total waste of valuable money, for the couple of occasions it has happened
I dont really care about the website outages. Thats not the main issue. Two or three core/senior volunteers are always running a contribution drive. Imagine thse people doing some thing more productive than running funding/media drives. When shyt hits the roof, we have a boat load of people asking when the hell shyt is gonna be all over us or how to wipe off the shyt. IV's strength lies in its members and all the time IV members have not responded to enroll in a monthly payment. People want GC's, but they dont want to pay for the fight. People want GC's but they want accountability for 20USD. People have point specific issues about themselves and their imigration issues and are happy to leverage the knowledge of the IV community, but do not care a damn about IV community. Those who pay, pay twice, pay thrice and even more. Why should any one do it? Why should others just simply browse and get answers for persoanl point specific issues? Those who do not know the value of green and what it can do in America, should stop worrying about GC. We have become a laughing stock for people on anti forums like alipac who have arrived at the conclusion that they dont need to fight us because we fight among us big time. Enough of my rant.
I dont really care about the website outages. Thats not the main issue. Two or three core/senior volunteers are always running a contribution drive. Imagine thse people doing some thing more productive than running funding/media drives. When shyt hits the roof, we have a boat load of people asking when the hell shyt is gonna be all over us or how to wipe off the shyt. IV's strength lies in its members and all the time IV members have not responded to enroll in a monthly payment. People want GC's, but they dont want to pay for the fight. People want GC's but they want accountability for 20USD. People have point specific issues about themselves and their imigration issues and are happy to leverage the knowledge of the IV community, but do not care a damn about IV community. Those who pay, pay twice, pay thrice and even more. Why should any one do it? Why should others just simply browse and get answers for persoanl point specific issues? Those who do not know the value of green and what it can do in America, should stop worrying about GC. We have become a laughing stock for people on anti forums like alipac who have arrived at the conclusion that they dont need to fight us because we fight among us big time. Enough of my rant.
at0474
12-22 12:24 AM
lazycis,
Thanks for the quick reply.That was useful information. I also read the document on the link you posted.
This had happened to a dependant visa holder(h4). It was not renewed in a timely manner alongwith h1b. However, passports were sent for revalidation (in the past, we used to be able to do revalidatoin of visa by mailing the passports to st.louis) and the passports were stamped with new visas. Upon realizing overstay later on (over 1 year), according to legal counsel, she left the country and re-entered with a new I-94. This had made it possible to fall into the cycle of h4 extensions since last entry.
However, her pending I-485 seems problematic.
Is there any way out other than hoping that IO would not notice it? Her brother is a U.S citizen and her daughter too. Does that help? I doubt it...
Thanks.
Thanks for the quick reply.That was useful information. I also read the document on the link you posted.
This had happened to a dependant visa holder(h4). It was not renewed in a timely manner alongwith h1b. However, passports were sent for revalidation (in the past, we used to be able to do revalidatoin of visa by mailing the passports to st.louis) and the passports were stamped with new visas. Upon realizing overstay later on (over 1 year), according to legal counsel, she left the country and re-entered with a new I-94. This had made it possible to fall into the cycle of h4 extensions since last entry.
However, her pending I-485 seems problematic.
Is there any way out other than hoping that IO would not notice it? Her brother is a U.S citizen and her daughter too. Does that help? I doubt it...
Thanks.
