OLDMONK
09-16 12:29 AM
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
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Ann Ruben
10-24 11:08 AM
While there is no requirement that experience letters use language identical to language used in the PERM application, substantive inconsistencies can be a problem. If the PERM appication requires experience in XYZ technology, then the experience letter must mention XYZ technology. If, on the other hand, the PERM application simply requires experience as a systems analyst, then it doesn't matter whether XYZ technology is mentioned in the experience letter.
So, to determine whether your experience letters are adequate, you should first review Section H
of the PERM application and make a list of the employer's stated requirements. Next, compare that list to the content of your experience letters. If the letters do not clearly and explicitly cover everything on the list, note exactly what skill, knowledge or experience is missing.
Then, assuming your prior employers are not willing to amend the letters already provided, identify others (colleagues, co-workers, clients) with actual knowledge of your work and request notarized statements from them to supplement the letters you already have. In addition, if you completed academic or technical course work related to the missing skill or technology, obtain letters from the professors or instructors and/or course descriptions + your transcripts/certificates.
This basic analysis becomes more complicated if, in addition to documenting prior experience, you are seeking EB2 classification based on "five years of progressively responsible experience". In that situation, not only must the letters document that you possess specific skills, knowledge and experience, they must also document the progressive trajectory of your career.
A FINAL NOTE: If at all possible, experience letters and related documents should be obtained and provided to the employer/lawyer PRIOR TO preparing and filing the PERM application.
So, to determine whether your experience letters are adequate, you should first review Section H
of the PERM application and make a list of the employer's stated requirements. Next, compare that list to the content of your experience letters. If the letters do not clearly and explicitly cover everything on the list, note exactly what skill, knowledge or experience is missing.
Then, assuming your prior employers are not willing to amend the letters already provided, identify others (colleagues, co-workers, clients) with actual knowledge of your work and request notarized statements from them to supplement the letters you already have. In addition, if you completed academic or technical course work related to the missing skill or technology, obtain letters from the professors or instructors and/or course descriptions + your transcripts/certificates.
This basic analysis becomes more complicated if, in addition to documenting prior experience, you are seeking EB2 classification based on "five years of progressively responsible experience". In that situation, not only must the letters document that you possess specific skills, knowledge and experience, they must also document the progressive trajectory of your career.
A FINAL NOTE: If at all possible, experience letters and related documents should be obtained and provided to the employer/lawyer PRIOR TO preparing and filing the PERM application.
Green06
10-15 11:35 AM
DMV laws vary from State to State. When I lived in CA they gave me 5+ yrs of DL but In my home state of Minnesota DMV puts status chek date on the DL which is the date of the I94 expiration. They send a letter at home to show the proof of extension otherwise the DL will be cancelled. I am planning to get it extended by using EAD (i haven't received EAD yet and my H1b extension is being applied). I read on Murthy's site that using EAD for DMV pupose doesn't affect the H1b status.
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Sachin_Stock
08-13 02:01 PM
So what are you complaining about :)
Remember, its for you future employment, and in all good faith, you MUST join the company where you now have Eb2.
Remember, its for you future employment, and in all good faith, you MUST join the company where you now have Eb2.
more...
ckichannagari
11-09 04:40 PM
from Texas
immi_2006
02-13 10:35 AM
My 485 receipt Date is July 5, 2007. Today i got a mail saying they have sent an RFE on my 485 App. It could be for Original Employment Letter as i sent a copy of the letter.
FYI my PD is Sep, 2006 EB2 India
FYI my PD is Sep, 2006 EB2 India
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vikki76
07-02 02:16 AM
If Gandhi hadn't shun his western style clothes and became a common indian-India's freedom struggle would have remained in hands of exclusive elite Congress.
Congress was founded by a western person only, with sole aim of "Home Rule".
Gandhi brought Freedom struggle to masses ,and when that spirit was awakened ,everybody decided to participate in struggle in their own way.
Will 30 crore people followed Gandhi followed if he was wearing a three piece suite and speaking to famine ridden half starving Bengal?
Congress was founded by a western person only, with sole aim of "Home Rule".
Gandhi brought Freedom struggle to masses ,and when that spirit was awakened ,everybody decided to participate in struggle in their own way.
Will 30 crore people followed Gandhi followed if he was wearing a three piece suite and speaking to famine ridden half starving Bengal?
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Ryall
09-06 02:14 PM
ps7....hmmm, boy do I need to upgrade. I am still working with ver 5! haha well one of these days Ill drop the cash on it!
Peace
Peace
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rongha_2000
10-11 04:52 PM
Ok, if this is true, its sure that your employer is exploiting you and thats shameful. Keep all your correspondence in writing. If employer is not reply in writing somehow record your phone conversation with him and then
1) You have a valid case to file a complaint with the DOL and suing your employer and seek punitive damages. Since your I140 is approved then you switch to another employer and port your PD. Atleast that will not be lost. If the judge grants you the punitive damage, I'd say Dude take that and go back to india cos that money will be enough for you to live a peaceful life there :)
2) In above case the only flip side is that you will not be able to file I485 anytime soon and will loose benefits like EAD and stuff.
3) If you can ride it through, do it and after 180 days using AC-21 change jobs and first thing you do is sue your employer and seek punitive damages. In that case you will have numbers to prove the financial, emotional hardships you experienced in this ordeal.
In either case dont spare the blood-sucking employer. Its employers like these that make general american public think that H1-B is being abused.
hi,
this might look an essay but this is true ----------------
i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
anyone has any suggestions on this issue , i will appreciate any suggestions
thanks and regards
1) You have a valid case to file a complaint with the DOL and suing your employer and seek punitive damages. Since your I140 is approved then you switch to another employer and port your PD. Atleast that will not be lost. If the judge grants you the punitive damage, I'd say Dude take that and go back to india cos that money will be enough for you to live a peaceful life there :)
2) In above case the only flip side is that you will not be able to file I485 anytime soon and will loose benefits like EAD and stuff.
3) If you can ride it through, do it and after 180 days using AC-21 change jobs and first thing you do is sue your employer and seek punitive damages. In that case you will have numbers to prove the financial, emotional hardships you experienced in this ordeal.
In either case dont spare the blood-sucking employer. Its employers like these that make general american public think that H1-B is being abused.
hi,
this might look an essay but this is true ----------------
i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
anyone has any suggestions on this issue , i will appreciate any suggestions
thanks and regards
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EndlessWait
07-09 12:26 PM
I know its hard to get it noticed, but in order to make a real impact, we must strive to put this news on the front page of major media, while its sill hot. Last week CNN had an article on the front page regarding the "plight of hindu widows". I was baffled to see an article like that get the headline space and not a small comment from CNN about the JULY VB fiasco.
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gcpain
07-26 10:07 AM
Filed all AOS applications with passport which is going to expire on August 06, 2007.
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eadguru
11-02 12:59 PM
I got the same queries guys.
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
Sent the all the existing I 94's and Passport.
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
Sent the all the existing I 94's and Passport.
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santa123
06-07 05:43 PM
At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.
:confused:
This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.
:confused:
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CADude
10-30 03:00 PM
Please contact CIS Ombudsman office with Scaned copy of Delivery Receipt(USPS/FedEx/UPS) @ cisombudsman.publicaffairs@dhs.gov
Also signup for his Nov 2nd coference call.
Last but not least, write to your congressman/senator/director NSC/Joint-Intake
Thank you.
Also signup for his Nov 2nd coference call.
Last but not least, write to your congressman/senator/director NSC/Joint-Intake
Thank you.
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cheg
08-21 05:07 PM
I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?
My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...
My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...
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morchu
06-01 04:54 PM
1. Indian passport holders are exempt from the 6-month rule. Link.... I will search when I get time and post.
2. Regarding intention of permanent residence, see "greg siskind" s explanation on a similar topic (after GC) here: http://www.visalaw.com/06feb1/2feb106.html
http://immigrationvoice.org/forum/showthread.php?p=344473#post344473
Greg mentioned that....
"There are no black and white tests for what will be deemed to be an abandonmnet of permanent residency. Rather, USCIS will look at a variety of factors to determine a person's intent. Financial ties to the US, maintain a US employer, maintaining a residence in the US, keeping a car registered in the US, family remaining behind, etc. can all be evidence."
Hi Morchu,
I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.
Ok, so how can one prove his intention at the POE for GC?
....would appreciate your reply.
2. Regarding intention of permanent residence, see "greg siskind" s explanation on a similar topic (after GC) here: http://www.visalaw.com/06feb1/2feb106.html
http://immigrationvoice.org/forum/showthread.php?p=344473#post344473
Greg mentioned that....
"There are no black and white tests for what will be deemed to be an abandonmnet of permanent residency. Rather, USCIS will look at a variety of factors to determine a person's intent. Financial ties to the US, maintain a US employer, maintaining a residence in the US, keeping a car registered in the US, family remaining behind, etc. can all be evidence."
Hi Morchu,
I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.
Ok, so how can one prove his intention at the POE for GC?
....would appreciate your reply.
more...
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ps57002
09-30 08:37 AM
My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.
Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.
My question...from anyone else's experience/info
Will I get a RFE for the PERM LC hard copy or a rejection?
How does that affect my pending EAD/485? think i know answer..all goes down, right?
I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..
Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.
My question...from anyone else's experience/info
Will I get a RFE for the PERM LC hard copy or a rejection?
How does that affect my pending EAD/485? think i know answer..all goes down, right?
I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..
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pappu
07-16 10:12 PM
In that case you will have to file I970 (I485+I485) :)
Not a good idea. I had researched this to great lengths and posted it. Check the archives before starting new threads on the same topic.
Not a good idea. I had researched this to great lengths and posted it. Check the archives before starting new threads on the same topic.
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royus77
05-30 09:36 PM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
If your company A is a desi company(Mostly they try to profit on your exit also) he may try to sell the approved LC/1 -140 . So let be patient for another month and move . As far as the other things concerned you can get 3 years ext based on the I -140 ext and also you can port the PD to the new GC from company B .
Just check with the attorney before moving I just gave my advise based on my research in the forums.
Thanks
roy
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
If your company A is a desi company(Mostly they try to profit on your exit also) he may try to sell the approved LC/1 -140 . So let be patient for another month and move . As far as the other things concerned you can get 3 years ext based on the I -140 ext and also you can port the PD to the new GC from company B .
Just check with the attorney before moving I just gave my advise based on my research in the forums.
Thanks
roy
Leo07
06-29 03:36 PM
I used Compare and Buy Travel Insurance - QuoteWright.com (http://www.quoteright.com) recently for Schengen visa purpose. I have not availed the insurance so I'll not be able to tell you how good it is...it served the visa puspose.
satyab7
04-07 06:16 PM
What if VISA is not given .. can you come back?
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