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desi3933
06-21 05:37 PM
I am a dentist in state of CA,and filed for EB2 green card.In April 2006 applied for my PERM from MD Dental, a dental group with 5 offices and about 30 employs and owned by 2 partners.Also in April 2006 they applied for my H1b visa.Further PERM and H1b both were approved and in may 2006 I filed for I-140 from the same company.I-140 had a RFE but was approved in Feb 2007.Meanwhile in Oct 2006 both partners had a is understanding and they split the company into 2 companies with one partner getting 2 offices and the other partner getting 3 offices.Originally my perm was filed from the MD dental Van-Nuys office, which was given to partner A who then told me to file for a new H1b as tax ID number for the employer has changed but my job location would not change. I filed for a new H1 visa from partner A which was also approved and started to work for him till Feb 2007.
In feb 2007 I found a new job again as a dentist with a different company and moved to that company.I am still in good contact with both partner A and partner B of the old company.
My question is if I could file for I485 from MD dental which is already split with
approved I140, or I could file it from partner A or partner B`s new company showing either of them as succesor of interest.Also can I invoke AC21 in 6 months and move to my current employer.
Please advice.
May be you need to amend I-140. Please consult a good attorney/lawyer.
Not a legal advice.
In feb 2007 I found a new job again as a dentist with a different company and moved to that company.I am still in good contact with both partner A and partner B of the old company.
My question is if I could file for I485 from MD dental which is already split with
approved I140, or I could file it from partner A or partner B`s new company showing either of them as succesor of interest.Also can I invoke AC21 in 6 months and move to my current employer.
Please advice.
May be you need to amend I-140. Please consult a good attorney/lawyer.
Not a legal advice.
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webm
05-06 09:14 AM
First of all there is no "substitution labor" anymore..USICS may not accept it according to a new rule set in last yr June..
webm
02-20 02:01 PM
Get a non-availability certificate from the local municipal office and submit it to USCIS..on a safer side..
HTH,
HTH,
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RobAllan
03-24 10:38 AM
Chandu
Did you sent the Letter of Employment from your current employer or else from the one who started your GC processing, Can you please share the details.
Thanks !
Did you sent the Letter of Employment from your current employer or else from the one who started your GC processing, Can you please share the details.
Thanks !
more...
manderson
05-21 02:10 PM
...only problem is they care only about H1:
US-India visa row overshadows Doha talks
By Alan Beattie in London and Jo Johnson in New Delhi
Published: May 17 2007 17:52 | Last updated: May 18 2007 03:23
Tentative signs of progress among the four core negotiating partners in the so-called �Doha round� of world trade talks have been overshadowed by a row over US visas given to Indian information technology workers.
Two days of negotiations between the US, the EU, India and Brazil began in Brussels on Thursday, as officials said talks had accelerated from the sluggish pace they have shown for most of this year.
But Kamal Nath, Indian trade minister, warned that US reluctance to allow Indian IT workers to enter the US on highly skilled �H1-B� visas jeopardised progress. Seeking to shift the emphasis away from India�s intransigence about exposing its farmers to international competition, Mr Nath said a failure to increase the H1-B quota would deny India the export gains it needed to make a deal.
Echoing language often used by the EU and the US, he told the FT on Wednesday: �We agree that the talks cannot move forward with agriculture alone. Our services interests must be satisfied for progress to be made.�
Delhi reacted angrily this week to a letter sent to Indian IT companies by two US senators, alleging fraud and abuse in the H1-B programme. Charles Grassley and Richard Durbin, members of the Senate subcommittee on immigration, said the visas were being used to undercut US workers with lower-paid foreign employees.
In a letter to Susan Schwab, US trade representative, seen by the FT, Mr Nath said that the approach, which was not made through the office of the US trade representative, was surprising and unwelcome.
�Such direct intervention by US senators would only create uncertainties in the minds of these companies and undermine business confidence, especially in the current negotiations on services,� the letter said.
So great is demand for H1B visas from Indian IT companies that this year�s quota of 65,000 was filled in a day. An Indian commerce ministry official said on Thursday that India wanted the annual cap lifted to 115,000.
A USTR spokesperson on Thursday declined to comment on either the senators� letter or the negotiations over visas in the Doha round.
Officials and ministers expressed some guarded optimism ahead of this week�s meetings of the four negotiating partners, though remained non-committal about the substance of talks. Ms Schwab said that some issues, including access to the agricultural markets of developing countries, a key demand of the US, had further to go than others.
The rest of the World Trade Organisation membership, among whom frustration with the �group of four� has been rising, has been trying to increase pressure on them to make the trade-offs necessary to achieve a framework agreement before the traditional WTO summer break in August. �They are moving, but whether they are moving fast enough is another question,� a trade official said.
Crawford Falconer, the New Zealand ambassador who chairs the farm talks, last week released the first of two papers setting out the terms for a possible deal.
US-India visa row overshadows Doha talks
By Alan Beattie in London and Jo Johnson in New Delhi
Published: May 17 2007 17:52 | Last updated: May 18 2007 03:23
Tentative signs of progress among the four core negotiating partners in the so-called �Doha round� of world trade talks have been overshadowed by a row over US visas given to Indian information technology workers.
Two days of negotiations between the US, the EU, India and Brazil began in Brussels on Thursday, as officials said talks had accelerated from the sluggish pace they have shown for most of this year.
But Kamal Nath, Indian trade minister, warned that US reluctance to allow Indian IT workers to enter the US on highly skilled �H1-B� visas jeopardised progress. Seeking to shift the emphasis away from India�s intransigence about exposing its farmers to international competition, Mr Nath said a failure to increase the H1-B quota would deny India the export gains it needed to make a deal.
Echoing language often used by the EU and the US, he told the FT on Wednesday: �We agree that the talks cannot move forward with agriculture alone. Our services interests must be satisfied for progress to be made.�
Delhi reacted angrily this week to a letter sent to Indian IT companies by two US senators, alleging fraud and abuse in the H1-B programme. Charles Grassley and Richard Durbin, members of the Senate subcommittee on immigration, said the visas were being used to undercut US workers with lower-paid foreign employees.
In a letter to Susan Schwab, US trade representative, seen by the FT, Mr Nath said that the approach, which was not made through the office of the US trade representative, was surprising and unwelcome.
�Such direct intervention by US senators would only create uncertainties in the minds of these companies and undermine business confidence, especially in the current negotiations on services,� the letter said.
So great is demand for H1B visas from Indian IT companies that this year�s quota of 65,000 was filled in a day. An Indian commerce ministry official said on Thursday that India wanted the annual cap lifted to 115,000.
A USTR spokesperson on Thursday declined to comment on either the senators� letter or the negotiations over visas in the Doha round.
Officials and ministers expressed some guarded optimism ahead of this week�s meetings of the four negotiating partners, though remained non-committal about the substance of talks. Ms Schwab said that some issues, including access to the agricultural markets of developing countries, a key demand of the US, had further to go than others.
The rest of the World Trade Organisation membership, among whom frustration with the �group of four� has been rising, has been trying to increase pressure on them to make the trade-offs necessary to achieve a framework agreement before the traditional WTO summer break in August. �They are moving, but whether they are moving fast enough is another question,� a trade official said.
Crawford Falconer, the New Zealand ambassador who chairs the farm talks, last week released the first of two papers setting out the terms for a possible deal.
wanna_immigrate
04-22 09:23 AM
Democrats Revive Immigration Push - WSJ.com (http://online.wsj.com/article/SB10001424052748703404004575198601410995496.html?m od=WSJ_hps_sections_news)
more...
memyselfandus
04-09 09:23 AM
Check this link it should answer, all of your queries.
http://boards.immigrationportal.com/showthread.php?t=108916
http://boards.immigrationportal.com/showthread.php?t=108916
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eyeopeners05@yahoo.com
04-30 01:40 PM
Hiring firm does not know anything about AC21 and so how do I guide their attorney ? What points should i specify to him to start my app ?
more...
Green06
08-22 07:54 PM
We really need more friends like you. Following link is for Bus voting from MN. Please vote and let us know if you will be intrested to go to the rally by bus.
http://immigrationvoice.org/forum/showthread.php?t=12599
Cheers:cool:
http://immigrationvoice.org/forum/showthread.php?t=12599
Cheers:cool:
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rdx0
01-09 06:57 PM
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
more...
chandupatla
02-25 02:23 PM
Hi..I am in Rockville...Let me know what is ESSEX tell me the details.
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overseas
08-20 08:54 AM
Hi gcdreamer05,
So did you find out any more information on this? I'm in the same situation like you. In the instructions I clearly see that we have to send our application to Texas service center as we live in MA. But I want to make sure whether this is correct before I send my application. I'm sure it will be painful to wait for a long time later.
So did you find out any more information on this? I'm in the same situation like you. In the instructions I clearly see that we have to send our application to Texas service center as we live in MA. But I want to make sure whether this is correct before I send my application. I'm sure it will be painful to wait for a long time later.
more...
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jliechty
May 18th, 2005, 07:00 AM
I wouldn't know for sure, as I've never messed with bracketing automatically on my D1, but it seems that you could put the camera in aperture priority, set it for +/- 1 bracketing, and it should automatically take a series of exposures by varying the shutter speed and leaving the aperture constant.
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mmeshref
12-02 07:06 PM
I am not sure why it's so hard to understand what I want :)
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
more...
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blogger
06-24 10:47 AM
Thanks janilsal.
We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.
Thank you!
Think just getting marriage license is not sufficient. The license is a precursor to marriage (and as far as I know there is a particular time period after license to get married in a church, personal ceremony or court).
I do not feel that getting married in the US is a problem. You get the license and then you can get married at a court the next day. It is called a "Civil Marriage".
I know of people who have done this in the past and have got GCs.
We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.
Thank you!
Think just getting marriage license is not sufficient. The license is a precursor to marriage (and as far as I know there is a particular time period after license to get married in a church, personal ceremony or court).
I do not feel that getting married in the US is a problem. You get the license and then you can get married at a court the next day. It is called a "Civil Marriage".
I know of people who have done this in the past and have got GCs.
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summitpointe
02-29 08:07 AM
If your company is financially strong and can prove that they can pay your salary, then you will not have any problem. If your company is small and have only couple of consultants working and the earnings are less then you might have issues.
more...
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xbohdpukc
03-11 09:58 AM
But the point is - Has he/she said it can not be done at I-485?:confused:
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
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rheoretro
11-07 02:18 PM
cool
rheoretro,
Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.
I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.
So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)
rheoretro,
Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.
I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.
So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)
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snathan
05-23 06:14 PM
Hi,
Today I have got the template from Ron and he has written this for atlanta. I also posted question to him for adding the case number. I am bit concerned what kind of impact would be there if we give case number. Apart from that everything looks good. Feel free to add any comment or suggesstion.
I am not sure about chicago as the number is very small, feel free to add any suggession or you can directly talk to Ron Gotcher. if you are like around 10-20 guys, you may hire him and ask him to represent. I dont feel comfortable to ask him more help as he is not accepting any fee or just let me know if you how to approach/your thoughts.
================================================== =====================================
Gordon S. Heddell
Inspector General
United States Department of Labor
Office of Inspector General
200 Constitution Avenue, NW
Room S-5502
Washington, DC 20210
RE: Complaint of Malfeasance in the Atlanta Foreign Labor Certification Office
Dear Sir:
We, the undersigned, are victims of persistent malfeasance existing in the Atlanta, Georgia office of the Department of Labor�s Foreign Labor Certification Program. All of the undersigned are the beneficiaries of foreign labor certification applications filed with that office. We have seen similar applications filed by others, substantially after our applications were filed, processed to completion. We have made inquiries into the reasons for the delays in our cases but we have not received any answers, much less explanations.
It is our understanding that the Atlanta office is no processing cases on a first in, first out basis. Rather, they are selecting cases almost at random for processing. This is unfair and unreasonable. Later filed applications are being given preferential processing over earlier filed cases.
We ask that your office open an investigation into the reasons for this policy. If you find improper conduct, we ask that you recommend appropriate disciple for those responsible. If you do not find improper conduct, we ask that you require the Atlanta office to provide a detailed explanation for their behavior and, on a go forward basis, provide for transparency in their selection process. Whatever the reason for their existing procedures, there is a clear air of impropriety in what they are doing.
We look forward to your reply.
With regards,
[for each person who signs on, they need to give their name, their employer�s name, their case number, and their filing date.]
================================================== ======================================
For Admin:
Can you please keep this post in the top for sometime, so we can get attension/suuport from more people.
Guys, people contribute/support to IV's fund drive if you didnt do already. If you gain something from IV please consider to give back something. I believe we can clear and come out this mess with our collective effort. Thanks a lot for all of your support
Today I have got the template from Ron and he has written this for atlanta. I also posted question to him for adding the case number. I am bit concerned what kind of impact would be there if we give case number. Apart from that everything looks good. Feel free to add any comment or suggesstion.
I am not sure about chicago as the number is very small, feel free to add any suggession or you can directly talk to Ron Gotcher. if you are like around 10-20 guys, you may hire him and ask him to represent. I dont feel comfortable to ask him more help as he is not accepting any fee or just let me know if you how to approach/your thoughts.
================================================== =====================================
Gordon S. Heddell
Inspector General
United States Department of Labor
Office of Inspector General
200 Constitution Avenue, NW
Room S-5502
Washington, DC 20210
RE: Complaint of Malfeasance in the Atlanta Foreign Labor Certification Office
Dear Sir:
We, the undersigned, are victims of persistent malfeasance existing in the Atlanta, Georgia office of the Department of Labor�s Foreign Labor Certification Program. All of the undersigned are the beneficiaries of foreign labor certification applications filed with that office. We have seen similar applications filed by others, substantially after our applications were filed, processed to completion. We have made inquiries into the reasons for the delays in our cases but we have not received any answers, much less explanations.
It is our understanding that the Atlanta office is no processing cases on a first in, first out basis. Rather, they are selecting cases almost at random for processing. This is unfair and unreasonable. Later filed applications are being given preferential processing over earlier filed cases.
We ask that your office open an investigation into the reasons for this policy. If you find improper conduct, we ask that you recommend appropriate disciple for those responsible. If you do not find improper conduct, we ask that you require the Atlanta office to provide a detailed explanation for their behavior and, on a go forward basis, provide for transparency in their selection process. Whatever the reason for their existing procedures, there is a clear air of impropriety in what they are doing.
We look forward to your reply.
With regards,
[for each person who signs on, they need to give their name, their employer�s name, their case number, and their filing date.]
================================================== ======================================
For Admin:
Can you please keep this post in the top for sometime, so we can get attension/suuport from more people.
Guys, people contribute/support to IV's fund drive if you didnt do already. If you gain something from IV please consider to give back something. I believe we can clear and come out this mess with our collective effort. Thanks a lot for all of your support
rta2009
11-25 07:38 PM
I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...
1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.
2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.
3. Yes, You can.
Please let me know if you have any concerns.
Dear peacocklover,
Thank you for your helpful answers.
I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).
May I ask one question to clarify your answer?
It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.
So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?
(My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).
Many many thanks :)
Have a wonderful Thanksgiving.
1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.
2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.
3. Yes, You can.
Please let me know if you have any concerns.
Dear peacocklover,
Thank you for your helpful answers.
I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).
May I ask one question to clarify your answer?
It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.
So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?
(My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).
Many many thanks :)
Have a wonderful Thanksgiving.
vinabath
07-02 03:47 PM
So you found it ..... I suggested my friend to get married to his american gf , I think that would be the legal and ideal shortcut
So was he planning to dump her?
Anyways what kind of this shit is this God??, How can you say get ready to file for 485 from July 2nd. And when July2nd comes you say ' Shut the suck up and stand in line'
USCIS, what kind of sadist org/agency you are??
So was he planning to dump her?
Anyways what kind of this shit is this God??, How can you say get ready to file for 485 from July 2nd. And when July2nd comes you say ' Shut the suck up and stand in line'
USCIS, what kind of sadist org/agency you are??
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