longwait4gc
02-23 04:58 PM
Talk to your company lawyer first. I can try to answer few questions based on my interpretation which might be wrong.
Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
Yes, if there is no layoff you can continue file PERM in that company. If there is layoffs and you file PERM then they will reject it after that your company can file request for reconsideration.
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
Yes you can start PERM but make sure you negotiate this condition before accepting their job.
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
If the priority date is 365 days old then they can file extension for H1B. You will get yearly extensions until your I140 is approved. Best of luck.
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
Yes, if there is no layoff you can continue file PERM in that company. If there is layoffs and you file PERM then they will reject it after that your company can file request for reconsideration.
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
Yes you can start PERM but make sure you negotiate this condition before accepting their job.
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
If the priority date is 365 days old then they can file extension for H1B. You will get yearly extensions until your I140 is approved. Best of luck.
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
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sweet_jungle
10-23 01:02 PM
so brooklyn then?
it is in west coast, my dear. I am surprised that nobody wants to answer the question.
nobody seems to be interested in MBA
it is in west coast, my dear. I am surprised that nobody wants to answer the question.
nobody seems to be interested in MBA
jkays94
03-22 09:51 PM
Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.
You're welcome, great! keep us updated, I believe most of the Senators are unaware of the impact and plight of high skilled employment based GC applicants. The eventual fate in the house of the immigration provisions in S1932 has indeed created the false impression in the senate that these issues were addressed in the bill. Keep up the good work, its important that we get the message urgently to the different senate offices given that Senator Frist indeeds to have one of the Comprehensive Immigration bills debated on the senate floor starting this coming Monday (March 27th)
You're welcome, great! keep us updated, I believe most of the Senators are unaware of the impact and plight of high skilled employment based GC applicants. The eventual fate in the house of the immigration provisions in S1932 has indeed created the false impression in the senate that these issues were addressed in the bill. Keep up the good work, its important that we get the message urgently to the different senate offices given that Senator Frist indeeds to have one of the Comprehensive Immigration bills debated on the senate floor starting this coming Monday (March 27th)
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meridiani.planum
04-21 01:12 AM
But will the remaining time not depend on H1 period left. Example, if first 3 years of H1 used followed by 1 year EAD use then one would still get additional 3 years for H1 without being counted against the cap. But you would still have to do consular notification instead of change of status as there is no status to change once you use EAD.
thats my understanding also. he will get 3 more years (the 1 year on EAD does not count against the H1 limit). he wont be counted against the cap. He will most likely need to leave and re-enter the US (consular notification to get a new H1 stamp) to 'activate' the H1.
thats my understanding also. he will get 3 more years (the 1 year on EAD does not count against the H1 limit). he wont be counted against the cap. He will most likely need to leave and re-enter the US (consular notification to get a new H1 stamp) to 'activate' the H1.
more...
Canadian_Dream
08-24 04:36 PM
Name: Canadian_Dream
City/Area:
Question:
What is the relation between a 3 year H1B Approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the underlying peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ? Please indicate any laws or precedents that can clarify the implications of the above scenarios.
Thanks,
Canadian_Dream
City/Area:
Question:
What is the relation between a 3 year H1B Approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the underlying peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ? Please indicate any laws or precedents that can clarify the implications of the above scenarios.
Thanks,
Canadian_Dream
karthiknv143
09-28 02:41 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
more...
chvs2000@yahoo.com
08-17 10:56 AM
Hi all , Thanks for the responses. Actually Marriage certificate and medicals were in the packet, I forgot to list it here. After going through the instructions i see my employer sent the application to a wrong address.
Instructions say that for 140 related cases it should be sent to Nebraska or texas service center depending on where you live. Instead it has been sent to the Chicago lock box facility.
Now when i resubmit this package to the right place do I have to include a copy of the rejection notice(I 797 C)? also every page has a line printed on it sideways along the right edge. I am not sure if resubmission means sending the rejected packet as is or prepare the forms again and send the new ones.
In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
Marriage Certificate is a must.
Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
Wish you all the best!
Instructions say that for 140 related cases it should be sent to Nebraska or texas service center depending on where you live. Instead it has been sent to the Chicago lock box facility.
Now when i resubmit this package to the right place do I have to include a copy of the rejection notice(I 797 C)? also every page has a line printed on it sideways along the right edge. I am not sure if resubmission means sending the rejected packet as is or prepare the forms again and send the new ones.
In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
Marriage Certificate is a must.
Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
Wish you all the best!
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horscorp
03-09 01:49 PM
Hello Ann,
Perm application which has been pending is now approved. Can we go ahead with the transfer of H1B or wait for the application of I140?
thanks
horscorp
Perm application which has been pending is now approved. Can we go ahead with the transfer of H1B or wait for the application of I140?
thanks
horscorp
more...
dandy
07-16 11:24 PM
To the best of my knowledge you can not file for AOS while you are on TN . To process your green card you have to switch to your H1B from TN and start your green card as any other national i.e file for your Labor certification, I-140 and then i-485 .This process is same like any other national. All the best.
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iv4yarli
12-18 12:31 PM
Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.
Thanks for your help...
Thanks for your help...
more...
pd052009
09-13 12:31 PM
No meals.. Forced to go on hungry.. As long as politics play, the deserved ones go hungry... :(
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EndlessWait
12-16 11:26 PM
What a lousy and pathetic system it is , the so called USCIS. I mean they want ppl to wait for a decade to follow all the rules legally to get GC.
And so is the congress/senate. It seems they are bent upon not giving GC, just dragging it from one recession to the other. :mad:
And so is the congress/senate. It seems they are bent upon not giving GC, just dragging it from one recession to the other. :mad:
more...
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dreamworld
05-05 12:24 PM
Hi
I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.
I would appreciate if someone could give everyone very clear picture of what going on ?
Thanks
GCcomesoon
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.
I would appreciate if someone could give everyone very clear picture of what going on ?
Thanks
GCcomesoon
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
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reddymjm
02-10 04:05 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Erase the letters H1B from your memory.
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Erase the letters H1B from your memory.
more...
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Munna Bhai
01-23 08:09 AM
Lage Raho...We will Win. Thank you core-team.
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sbabunle
01-22 06:07 PM
Dear Core Group,
We all understand that IV core group is sacrificing a lot. We all know
that you guys have families, job and thousand other good things to do. But
you guys have chosen to fight this menace.
There are some members who wanted to see the spending or doubt
the motives of core group. But let me assure that, those who doubts IV are a very few.
Thanks a lot core group. You guys are doing a monumental job!!!!!
I request all the members to put a "THANK YOU" to the core group on this thread
babu
We all understand that IV core group is sacrificing a lot. We all know
that you guys have families, job and thousand other good things to do. But
you guys have chosen to fight this menace.
There are some members who wanted to see the spending or doubt
the motives of core group. But let me assure that, those who doubts IV are a very few.
Thanks a lot core group. You guys are doing a monumental job!!!!!
I request all the members to put a "THANK YOU" to the core group on this thread
babu
more...
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rb_248
09-05 10:53 AM
Folks,
To celebrate or not to celebrate is the question. I received this email from my attorney's office:
Congratulations! You and your wife are now Legal Permanent Residents of the United States! It has been confirmed this afternoon your I-485 applications were approved this week and your green cards have been ordered.
However, my online status did not change. My question is : Has USCIS stopped updating online status ? or Is this a mistake on my attorney's side ?
Can I do anything in the next 3 days to confirm what happened to my case ? Suggestions appreciated.
It is going to be a long long long weekend for us.
To celebrate or not to celebrate is the question. I received this email from my attorney's office:
Congratulations! You and your wife are now Legal Permanent Residents of the United States! It has been confirmed this afternoon your I-485 applications were approved this week and your green cards have been ordered.
However, my online status did not change. My question is : Has USCIS stopped updating online status ? or Is this a mistake on my attorney's side ?
Can I do anything in the next 3 days to confirm what happened to my case ? Suggestions appreciated.
It is going to be a long long long weekend for us.
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H1Girl
05-08 02:30 AM
Hi,
...
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
Yes soft update on 05/04 (TSC). No status change or anything...
...
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
Yes soft update on 05/04 (TSC). No status change or anything...
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dish
03-20 03:53 PM
TALENT Bill, a new, stand-alone, business immigration bill developed by Compete America, a coalition comprised of AILA and various corporations, universities, research institutions and trade associations. AILA Doc. No. 06021668.
http://www.aila.org/content/default.aspx?docid=8846
This is what I got googling for talent bill
http://www.aila.org/content/default.aspx?docid=8846
This is what I got googling for talent bill
gc_chahiye
07-09 03:50 PM
over 250 people responded to the earlier poll and we see that atleast among IV'ites the PDs are spread all over the years (10% 20% 20% 30%-2006 10%-2007), and there are significant number of 2003/2004 PDs out there.
This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.
************************************************** ***************************************
************************************************** ***************************************
***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
************************************************** ***************************************
************************************************** ***************************************
ONLY EB2-INDIA PLEASE.
-------------------------------------------------------------------------------------------------------------------
This poll can be read in conjunction with another poll on EB2 priority-dates:
http://immigrationvoice.org/forum/showthread.php?t=6128
-------------------------------------------------------------------------------------------------------------------
This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.
************************************************** ***************************************
************************************************** ***************************************
***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
************************************************** ***************************************
************************************************** ***************************************
ONLY EB2-INDIA PLEASE.
-------------------------------------------------------------------------------------------------------------------
This poll can be read in conjunction with another poll on EB2 priority-dates:
http://immigrationvoice.org/forum/showthread.php?t=6128
-------------------------------------------------------------------------------------------------------------------
vin13
03-09 12:15 PM
I guess then she should ask her employer to cancel her H1 (best approach) or least keep documentation of her resignation letter (backup for future RFE). Smart way is to step out of country & come back on parole. Shortcut is to work in some place for a week on I9 like Walmart.
The employee need not do anything. As long as the employee has a valid status to live, they are fine.
Definately there is no need to step out of country and come back. There is no need to trigger the change by going through these steps.
I have changed H1-B several times in the last 11 years i have been in this country. I have invoked AC-21 twice. None of my previous employers revoked my H1-B. I am currently working on EAD. I did not have to leave the country and come back on parole.
The employee need not do anything. As long as the employee has a valid status to live, they are fine.
Definately there is no need to step out of country and come back. There is no need to trigger the change by going through these steps.
I have changed H1-B several times in the last 11 years i have been in this country. I have invoked AC-21 twice. None of my previous employers revoked my H1-B. I am currently working on EAD. I did not have to leave the country and come back on parole.
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