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Thanks for sending the webfaxes. But that would not be enough. Please make phone calls as well. Please tell/email all your friends to do the same.

Yes...i am july 2nd filer...still waiting. PD March 2005

................Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it�s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.

I did a little research I think that depends on the University and not in the type of master degree (on campus, online). There are some well known Universities that offer Online Master degrees like SMU, Michigan, Harvard, Illinois accredited by their respective boads.

This is a very important Action Item. I was pleased to hear a few IV'ans called when I called the offices of the reps today

Well, good lawyer or bad lawyer, everyone here knows, that they never reveal the true story of what and where the company messed up.
I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
Any input is appreciated.
thanks.....


Yes. You definitely have time to do all that. PERM should take max 4 months total time, I-140 via premium processing will not take more than 2 weeks. So, you need not worry about the timeline at all.

If you want to move to a new employer go for it.

This is my first time $100 contribution.
Paypal Id: 31T703381K4953443

Guys and Gals,
I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.

Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.

Questions:

Is this legal?
Is it a common practice?

Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.

If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

Thanks for your time.

If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.

a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.

The law states that you have the right to file for MTR if you think there are facts ignored by the officer.

It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.

Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?

Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.

Please talk to an experienced immigration Attorney and they can explain all this stuff.

I understand that to file 485, all applicants need to be in the US.
Do the dependents/spouse need to be present in the US to file the EAD later (after we get the 485 receipt) ?

...bump...


I will be there..

i just lost my job and had an approved LC with that company. i have been extending my h1 for the past 3 years now. my i 140 was withdrawn when it was first applied as the company did not give all the information when my lawyer was preparing it the second time the company gave a lot of wrong information. my current h1 expirs in dec
what options do i have ?

Very sorry to hear about the job loss. I believe USCIS gives about 60 days for H-1B applicants. Please try hard to get another job within this time and apply for H-1B to stay with correct status. Without approved I-140, your earlier LC can not be used for porting old priority date.

Nice Idea. Works Great!

munabhai
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.

what that RFE was for?? education or pay??

Any News about how is Real Estate Prices / Home Prices in Indian Metros now ?

Will we see problems over there ? or Problem is already there ? Look forward to hear some views in this regard.

Hi guys,

My wife doesnt have SSN yet. We both have our 485's pending. I have my SSN.

To get the Economic stimulus amount, we both have to file taxes with our SSNs. Since we dont her SSN, we cannot file before APR 17th.

So,
I am going to apply for a tax filing extension (which gives me 6 mths)
Simultaneously, I am going to apply for her EAD
Hopefully EAD takes 4 mths
Then I will apply for SSN
and then file our taxes with both our SSNs
hopefully, we get our economic stimulus after that.

Does this sound reasonable? or is there any other way I can do this?

Thanks.

Good luck to everybody.

bump

any CT members coming along with you.. ?

Tech firms warn of impacts of tight visa quota - MarketWatch (http://www.marketwatch.com/story/tech-firms-warn-of-impacts-of-tight-visa-quota-2011-04-07?siteid=rss&rss=1)

The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.

^^^^Bump^^^

Well, definitely do not pay anything voluntarily. Wait for them to start legal action. If they don't, you are free. If they do, consult with an attorney and you can always settle outside of court. Non-compete clauses are difficult to enforce, but it is a possibility. It depends on the contract you signed with A.

well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.

So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?

My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.


Any thoughts??

congrats bluez.
Did you apply for AOS at all?

If i filed for AOS, can i do a CP like what you have described here?
I chose CP in my I140 but filed for AOS.

I guess there is a procedure for switching from AOS to CP, but just wanted to know what you got to say.

1. You can ask them for H1 transfer and AC21 portability of your existing EB3 GC Process.
2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.

And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.


Thank you my_gc_wait.

Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.