anilsal
09-15 10:03 PM
the ones I meet in DC. The ones I currently have, who did not make it to DC in spite of being aware about it, will no longer have me as a friend.
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Oasis52
05-16 08:37 AM
Hi
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
copsmart
02-20 08:44 PM
You are not alone�
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a
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conundrum
05-25 07:52 AM
Kennedy's immigration council/staffers were there until late last night and currently none of them are in. It seems they would be in only by around 9-9:15
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chanduv23
03-28 07:42 PM
Until now, the student community and the OPT community felt that IVs goals were not in sync with them.
OPT is now being considered to be extended for 29 months. This is a big boost for students who want to pursue their American dream.
So, if you are a student or an OPT candidate, you are definitely benefitted by this move.
This is a call for all students/OPT to unite under IV umbrella. Please sign on this thread and pledge your support to IV. Spread the message among your community. Urge everyone to join IV. Start getting active on IV. Most of you are young talented folks from all over the world, and your talent and freshness will keep IV going strong.
So join IV now and join your State chapters. Spread the message among your friends.
OPT is now being considered to be extended for 29 months. This is a big boost for students who want to pursue their American dream.
So, if you are a student or an OPT candidate, you are definitely benefitted by this move.
This is a call for all students/OPT to unite under IV umbrella. Please sign on this thread and pledge your support to IV. Spread the message among your community. Urge everyone to join IV. Start getting active on IV. Most of you are young talented folks from all over the world, and your talent and freshness will keep IV going strong.
So join IV now and join your State chapters. Spread the message among your friends.
GCwaitforever
05-24 09:38 AM
By the way, the article refers to Immigrant Voice instead of Immigration Voice. I can not find e-mail address of the author. Please get in touch with the author if you can, to have this corrected.
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fromnaija
02-02 05:15 PM
Even if you could, that labor certification already expired!
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wandmaker
01-02 06:58 PM
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
If each and every registered member supports IV with money, time or both then you will be able to file in 3/4 years otherwise 2025. Contributing money is most important task to start with
If each and every registered member supports IV with money, time or both then you will be able to file in 3/4 years otherwise 2025. Contributing money is most important task to start with
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felix31
01-17 01:43 PM
Here is what we did..
It was back in 2000. We filed my husbands taxes as single. Then we filed W7 and mailed it. Some 3 months later I received ITIN. With that we filed amended return adding me and that was it. Everything is straightforward since then.
It was back in 2000. We filed my husbands taxes as single. Then we filed W7 and mailed it. Some 3 months later I received ITIN. With that we filed amended return adding me and that was it. Everything is straightforward since then.
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gc_on_demand
06-22 10:09 AM
I think OP is correct as CIR will not pass this year. Remember Mr bush took advantage 8 years ago and won election. Even he may knew that it will not pass. Same way Raid may know that it may not pass but what is wrong to take advantage of pushing CIR. Even if it doesnot pass or introduced he may win because Hispanic will think if he wins he may bring CIR for sure.
Now in near future Mr President does not have any benefit of CIR unless he runs for next term. So for him delayed CIR is good. till 2011. So it may be win-win for both. Raid will make a vocal for it now and will win election and OBAMA will keep silence and make attempt in 2011. If passes or not he may win election again.
Only catch is if hispanic people think that Replicans didnot help them and now dems not going to help again so they may not give vote to Dems as punishment and that may hurt.
Now in near future Mr President does not have any benefit of CIR unless he runs for next term. So for him delayed CIR is good. till 2011. So it may be win-win for both. Raid will make a vocal for it now and will win election and OBAMA will keep silence and make attempt in 2011. If passes or not he may win election again.
Only catch is if hispanic people think that Replicans didnot help them and now dems not going to help again so they may not give vote to Dems as punishment and that may hurt.
more...
solraj
03-26 01:14 PM
There is no such guarantee of moving forward all the time.It all depends on how many visa #'s are currently available and how many have been utilised.If USCIS starts using #'s allocating to each app currently "CURRENT" it leads to no available no's and it will retrogress.So it all depends how many GC's are currently pending before Dec 2003 utilizing the #'s and how many of these are allocated no's.So we never know.I am not trying to be pessimistic but reasoning it.
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anu_t
07-16 02:46 PM
I haved studied a lot on this topic. I'm no expert, But I think it is not possible.
You have to apply for new labour for new position. I know , it is unfortunate but what can one do..........
(I was myself in the simillar situation. And when I talked with my lawyer this is what he told me. New Job with new duties- new labour.)
You have to apply for new labour for new position. I know , it is unfortunate but what can one do..........
(I was myself in the simillar situation. And when I talked with my lawyer this is what he told me. New Job with new duties- new labour.)
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485Mbe4001
03-04 04:07 PM
What about the thousands who lost 2-4 years because they were stuck in namecheck, now the name check is cleared but the dates will not move..frigging idiots..too little too late
Before giving the blue/green/red dots, think about this. they created a traffic jam and now they are suddenly releasing it. There were about 150-300k stuck in name check, now all of them are waiting for their PD to be current. (i am one of them too). Think how this will affect the overall queue.
Before giving the blue/green/red dots, think about this. they created a traffic jam and now they are suddenly releasing it. There were about 150-300k stuck in name check, now all of them are waiting for their PD to be current. (i am one of them too). Think how this will affect the overall queue.
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kurtz_wolfgang
08-15 01:30 PM
Probably because Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC and people are getting ahead of some one who are there in line for 6-8 years.\
I am NOT the one who gave you red. I never give anyone red even if i don't like the post..
I will just give you my "green"
Thanks SKD.....I appreciate your green.
Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC.
>> I agree with that, but it was not intended. Actually when I applied for substitute labor, I didnt know what was the importance of GC. I applied within 15 days, of my arrival in usa, since my employer asked me to (for financial purpose). I woe the day I signed the papers. My life has been (worse than hell) at the mercy of my employer. I came here temporary, thinking will enjoy life here in USA for a few years. You don't have such issues in Europe.
I am NOT the one who gave you red. I never give anyone red even if i don't like the post..
I will just give you my "green"
Thanks SKD.....I appreciate your green.
Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC.
>> I agree with that, but it was not intended. Actually when I applied for substitute labor, I didnt know what was the importance of GC. I applied within 15 days, of my arrival in usa, since my employer asked me to (for financial purpose). I woe the day I signed the papers. My life has been (worse than hell) at the mercy of my employer. I came here temporary, thinking will enjoy life here in USA for a few years. You don't have such issues in Europe.
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greencardvow
08-03 07:12 PM
This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
Reason: Employer didn't follow labor rules in paying for some of the other employees.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
Reason: Employer didn't follow labor rules in paying for some of the other employees.
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dagabaaj
01-23 11:19 AM
Finally the dates for I-140 have moved beyond the 8/15/2007 for Texas service center. That is a good sign. We should see some I-140 approvals soon then.
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sanju
08-31 12:10 PM
I think we all should VOTE in this poll.
You will waste your time if you vote in Lou Dobbs polls. His pools are rigged. These polls start in the loo as they begin by giving 100,000 votes to his ideological point of view and 0 votes in support of the opposite view. Hence the disclaimer to the pools. I suggest that we simply ignore him and don't participate in his pool. It would be one less human being giving Lou Dobbs no value, making him inconsequential one person at a time.
You will waste your time if you vote in Lou Dobbs polls. His pools are rigged. These polls start in the loo as they begin by giving 100,000 votes to his ideological point of view and 0 votes in support of the opposite view. Hence the disclaimer to the pools. I suggest that we simply ignore him and don't participate in his pool. It would be one less human being giving Lou Dobbs no value, making him inconsequential one person at a time.
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puskeygadha
07-08 02:47 PM
is this becuase of arranged marriage? immigrants like us have to
go back home find girl quickly and get married..its just like
similar way we get screwed in the hopes of green card..
i believe arranged marriage can be hard but we can grow together
given time and patience
go back home find girl quickly and get married..its just like
similar way we get screwed in the hopes of green card..
i believe arranged marriage can be hard but we can grow together
given time and patience
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sumansk
09-26 04:52 PM
Same thing with me.. every time I call they say wait 90 days.Even I tried to tell them that its more than 90 days old that I sent..without luck...
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nortam1
09-17 04:15 PM
My receipts say the same...
Anybody knows what it is?
Anybody knows what it is?
raj7480
09-18 04:42 PM
I would recommend not to worry about that and make the move. Non compete in general is not easy to enforce through a court. Particularly if it stops you from earning your livelihood. If you live in CA, it not valid. Many states have different laws and most of the court decision favor employees.
Since you H1B was denied, Company A cannot prove any loss of business to them because of your move.
Since you H1B was denied, Company A cannot prove any loss of business to them because of your move.
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