Green06
08-24 12:41 PM
He covered mostly which is on this link.
http://www.wral.com/business/local_tech_wire/opinion/blogpost/1672370/
http://www.wral.com/business/local_tech_wire/opinion/blogpost/1672370/
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asdqwe2k
04-19 10:02 AM
Job location does not matter, as long as it is mentioned that it will be the case in the Labour application.
All the desi consulting companies do that, so that their employees can work anywhere in USA...
All the desi consulting companies do that, so that their employees can work anywhere in USA...
desi3933
07-07 06:18 PM
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Incorrect. Current location has NOTHING to do with GC job location which for a future job that one need to start AFTER I-485/CP is approved. One can be doing job in NYC and have GC job for Chicago. Probably the best case is when LC mentions "anywhere in USA".
Is this true? I might be wrong about the information above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
The current job location should be same as stated in LCA for your current H1. If your LCA says Chicago and you are in Dallas then you are NOT in valid H1-B status and consider consulting an attorney for legal advice.
Out of Status > 180 days is one good enough ground to dny I-485 application. For more details on "out of status" scenarios, please refer to my old posts.
_________________
Not a legal advice
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Incorrect. Current location has NOTHING to do with GC job location which for a future job that one need to start AFTER I-485/CP is approved. One can be doing job in NYC and have GC job for Chicago. Probably the best case is when LC mentions "anywhere in USA".
Is this true? I might be wrong about the information above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
The current job location should be same as stated in LCA for your current H1. If your LCA says Chicago and you are in Dallas then you are NOT in valid H1-B status and consider consulting an attorney for legal advice.
Out of Status > 180 days is one good enough ground to dny I-485 application. For more details on "out of status" scenarios, please refer to my old posts.
_________________
Not a legal advice
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jonty_11
11-09 02:52 PM
Another important thing to note is that although GC is for a future employment oppportunity...you clearly state in Labor Application whether the employee is working with u currently....if u answer yes to that (which is the most common scenario) ...u have to provide the address of the location he works at...which shud be consistent with the Recruiting efforts undertaken (in that same area) by the employer......
So simple by saying that GC is for future employment, u cannot move around unless you clarify that in labor cert.
So simple by saying that GC is for future employment, u cannot move around unless you clarify that in labor cert.
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amitjoey
01-11 11:46 AM
Just so everybody understands:
This bill has been referred to the House Committee on the Judiciary on Jan 5th 2011.
This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.
There have been a lot of bills in the previous years that have not made it to the floor.
IV can make it an action item if the bill comes out of the committee and is going to go on the floor for debate.
Members need to constantly educate lawmakers, approach the judiciary committe and tell them about the issues we face. Unless we educate and build pressure, these kind of bills will never come to the floor.
Venting or wishing for some bill to come on floor will not help. Talking to lawmakers in person, educating lawmaker's staff and building pressure to keep our issues alive is the only way forward.
This bill has been referred to the House Committee on the Judiciary on Jan 5th 2011.
This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.
There have been a lot of bills in the previous years that have not made it to the floor.
IV can make it an action item if the bill comes out of the committee and is going to go on the floor for debate.
Members need to constantly educate lawmakers, approach the judiciary committe and tell them about the issues we face. Unless we educate and build pressure, these kind of bills will never come to the floor.
Venting or wishing for some bill to come on floor will not help. Talking to lawmakers in person, educating lawmaker's staff and building pressure to keep our issues alive is the only way forward.
mhtanim
02-26 03:18 PM
Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.
You have raised an interesting point that I have not thought about before. My advice was based on few people who actually did came back to the U.S. using GC while they were abroad.
You have to be in the U.S. while you are filing I-485. However, I will be willing to see where you got "At the time approval, you should be present in USA".
There are lot of people who have valid H1/H4 stamp and did not bother to apply for AP because of that. If what you are saying is the fact, then all those people are taking risks when they are leaving the U.S. without AP.
http://www.murthy.com/chatlogs/ch021808_P.html
Chat User : How can one return to the USA if his I-485 is approved while abroad?
Attorney Murthy : Per the March 2000 and the May 2000 Legacy INS Memos, one could presumably use the AP to reenter, if one has the AP approved before departing the U.S. If not, that could add more complications. The CBP inspectors could refuse entry, technically, but they are allowed to parole an individual into the U.S. If one has an H-1/H-4 or L-1/L-2, s/he could use those documents to get on the plane, and then explain the I-485 approval at the POE.
http://www.murthy.com/chatlogs/ch120307_P.html
Chat User : Thanks for your great service, I am in India with AP right now and my GC has been approved now. Is there any problem with reentering using AP?
Attorney Murthy : Generally, the CBP Inspector is allowed to use the AP for the person to be able to enter the U.S. and then the individual should get the I-551 card (GC) in the mail. In fact, if one has a family member or friend checking the mail, it could be possible to have the GC sent abroad, so that it can be used to reenter the U.S. In either event, it should not pose a problem, as long as the AP has not yet expired per the Legacy INS policy guidance on this issue.
I guess the second scenario is for someone who does not have a valid H1/H4 stamp in the passport. In both scenarios, it was not mentioned what happens if someone mails you the GC.
Anybody has more experience in this please comment.
You have raised an interesting point that I have not thought about before. My advice was based on few people who actually did came back to the U.S. using GC while they were abroad.
You have to be in the U.S. while you are filing I-485. However, I will be willing to see where you got "At the time approval, you should be present in USA".
There are lot of people who have valid H1/H4 stamp and did not bother to apply for AP because of that. If what you are saying is the fact, then all those people are taking risks when they are leaving the U.S. without AP.
http://www.murthy.com/chatlogs/ch021808_P.html
Chat User : How can one return to the USA if his I-485 is approved while abroad?
Attorney Murthy : Per the March 2000 and the May 2000 Legacy INS Memos, one could presumably use the AP to reenter, if one has the AP approved before departing the U.S. If not, that could add more complications. The CBP inspectors could refuse entry, technically, but they are allowed to parole an individual into the U.S. If one has an H-1/H-4 or L-1/L-2, s/he could use those documents to get on the plane, and then explain the I-485 approval at the POE.
http://www.murthy.com/chatlogs/ch120307_P.html
Chat User : Thanks for your great service, I am in India with AP right now and my GC has been approved now. Is there any problem with reentering using AP?
Attorney Murthy : Generally, the CBP Inspector is allowed to use the AP for the person to be able to enter the U.S. and then the individual should get the I-551 card (GC) in the mail. In fact, if one has a family member or friend checking the mail, it could be possible to have the GC sent abroad, so that it can be used to reenter the U.S. In either event, it should not pose a problem, as long as the AP has not yet expired per the Legacy INS policy guidance on this issue.
I guess the second scenario is for someone who does not have a valid H1/H4 stamp in the passport. In both scenarios, it was not mentioned what happens if someone mails you the GC.
Anybody has more experience in this please comment.
more...
vnsriv
07-19 01:53 PM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
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priti8888
07-13 02:53 PM
business casual should be fine. We are an educated community.We need to show class.
more...
GCard_Dream
07-13 04:37 PM
This is one of the most funniest post I have seen today. Great job. You should send this classification to USCIS and ask them to process cases based on the number and color of dots each member has. Forget about EB1, EB2, and EB3. :D
Well.. the good news is that according your classification, no one is being deported or is a criminal. That's a relief. :D
By the way, I gave you a reputation point and now you are up to 2 green dots. You'll get your GC faster now. CONGRATULATIONS!
The software has an AI program that determines how likely you are to get a GC based on the info that you gave while registering and shows the square accordingly. So if you have
one green sqaure you will get it in 4-6 years
two green squares means 2-4 years
one red square means that your name is stuck in FBI name check and could take 6-8 years
two red squares means your deportation hearing is coming up any time now
three red squares means you are a most wanted criminal :D :D
Actually the square colors are determined by the judgment calls made fellow members. You can make this call by clicking on the weight scale image above each post. Now if only you would give me a favorable vote for explaining this in detail.:)
Well.. the good news is that according your classification, no one is being deported or is a criminal. That's a relief. :D
By the way, I gave you a reputation point and now you are up to 2 green dots. You'll get your GC faster now. CONGRATULATIONS!
The software has an AI program that determines how likely you are to get a GC based on the info that you gave while registering and shows the square accordingly. So if you have
one green sqaure you will get it in 4-6 years
two green squares means 2-4 years
one red square means that your name is stuck in FBI name check and could take 6-8 years
two red squares means your deportation hearing is coming up any time now
three red squares means you are a most wanted criminal :D :D
Actually the square colors are determined by the judgment calls made fellow members. You can make this call by clicking on the weight scale image above each post. Now if only you would give me a favorable vote for explaining this in detail.:)
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glosrfc
12-02 10:16 AM
I've got a vote!!!
And I was beginning to think I was Billy-No-Mates for a while.
And I was beginning to think I was Billy-No-Mates for a while.
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oldporkchops
07-29 04:00 AM
Hi there,
IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
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ujjvalkoul
01-18 01:24 PM
Just got email from Buffalo Can Immi Office - Just the Principle applicant needs to take the IELTS test.
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b2visahelp
06-16 01:54 AM
Thank you so much for all your advice. I will let them know immediately. However, I have one more question. Is it better to apply the visa from a computer in Indonesia compare to I help them apply from my computer in the US or it really doesn't matter? I'm not sure if the embassy tracks IP address or probably has something against it. Just a thought because we're very careful not to mess it up.
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sanju
11-20 11:09 AM
Arizona Gov. Janet Napolitano is going to be DHS Secretary in the Obama Administration. This is a major news for us and it does has an affect on EB community as Gov. Napolitano is a strong proponent of Immigration reform and it is now believed that she has been brought to this position to spearhead the immigration reform in the Obama Administration.
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
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stealthgt
04-18 09:29 PM
I'm in Miami
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darsh678
12-26 03:17 PM
No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.
Can we take vacation for 2 months when we have pending 485 and 140 approved for more than six months. I had applied for 485 and 140 when i was on h4 but have now lost that status...
I plan to be under new employer with the same job description while going on for vacation and returning back on AP.
Please clearify...
Can we take vacation for 2 months when we have pending 485 and 140 approved for more than six months. I had applied for 485 and 140 when i was on h4 but have now lost that status...
I plan to be under new employer with the same job description while going on for vacation and returning back on AP.
Please clearify...
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srikanthmavurapu
08-16 03:00 PM
You have a valid H1 with the new employer (client), so there should be nothing wrong working with the client.
Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).
You may also want to check with your attorney.
There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.
But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.
Thanks,
Srikanth
Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).
You may also want to check with your attorney.
There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.
But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.
Thanks,
Srikanth
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lskreddy
04-12 09:51 AM
Can you not reply anonymously? If you couldn't, if you respond, I don't think they would put your existing application in jeopardy if you respond truthfully. You certainly have a good reason to move and they seem to already know that.
If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.
If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.
If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.
If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.
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Lord Rahl
03-04 10:00 PM
ames, post your picture in your own thread with a title for it under the Just Draw Yourself sectoin of the forums HERE (http://www.kirupa.com/forum/forumdisplay.php?f=152).
This thread is for the list of entries and to notify big K of your entry if it's not added to the list of entries within 24 hours.
Nice Job by the way.
This thread is for the list of entries and to notify big K of your entry if it's not added to the list of entries within 24 hours.
Nice Job by the way.
smisachu
01-02 02:09 AM
See my answers below. Best of Luck!!
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
Yes she can. She need not respond and can travel back on AP. However consult an attorney on how to withdraw the visa application, so the record is straight.
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
Yes. AP and H1 have no relation to each other. She has an approved H1, so she can enter on AP and still work on H1. This is valid if she withdraws her H1 stamping application, if the visa gets rejected-consult an attorney about the use of H1 after rejection.3. Any other options/advice?[/QUOTE]
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
Yes she can. She need not respond and can travel back on AP. However consult an attorney on how to withdraw the visa application, so the record is straight.
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
Yes. AP and H1 have no relation to each other. She has an approved H1, so she can enter on AP and still work on H1. This is valid if she withdraws her H1 stamping application, if the visa gets rejected-consult an attorney about the use of H1 after rejection.3. Any other options/advice?[/QUOTE]
123456mg
07-20 02:59 AM
Immigration attorneys normally send more than required documents to avoid getting RFEs later on. In this case, the reason people send W-2s (though it is not mandated) is to show that you were working and were making approximately equal amount that was mentioned on you H-1B LCA.
There are various factors to consider here:
1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do.
2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.
There are various factors to consider here:
1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do.
2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.
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