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glus

03-19 11:40 AM

Hello
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.

I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.

I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.


Thanks
Raghu

OK,
I am sorry to hear your I140 is pending for so long. You have 2 options. 1 - wait. 2-act. If you select the latter, do this:
-contact your senator
-if you receive a letter stating (pending security/background check), contact a good imm. lawyer and do a writ of mandamus.
USCIS does not have to complete FBI checks on I-140. If they argue that they are doing FBI check, you have a case and a period of 3 years if way over unreasonable. USCIS completes internal checks within a few months max. So, your pending I140 for 3 years can't possibly be due to internal uscis checks. I bet they lost your folder; if you want email me privately and I will give you more details on such cases.

If you follow my advise, and go through a goooood lawyer, your I140 will be DECIDED within a few weeks.

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srh1

10-29 10:48 AM

can anyone answer this

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walking_dude

11-25 05:46 PM

Done.

You are doing great...Please keep up the good work...

also, add item 6 to our wish list..

6. Remove "same or similar" clause in EAD which is causing lots of confusion. Just see that anyone who gets a EAD works in the Information technology field and not flipping burgers.

Good work, but small modification.

Just take out this phrase in the list

or increase them to rational levels such as 10%-15%

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arihant

05-23 06:54 AM

As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.

My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.

Any thoughts or comments?

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Piedras en la Vesícula

arrarrgee

07-17 02:39 PM

I second that...Why should there be a link between his req and his contribution? If we are able to answer/clarify whatever doubt he has..probably he would see the value in continuing with the group and probably contribute too...else no first timers would ever wanna join us

can you please help me link the connection between my request and my contribution to IV? I fail to undersand your point!

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paskal

12-26 04:24 PM

please mark your pocket pc's or whatever your choice of poison...

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petepatel

08-21 09:49 AM

Congrats

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Elimine los cálculos biliares

neelu

01-02 01:04 PM

Hi everyone,

I am currently on a H4 Visa. The H4 visa on my passport expires on 20 June 2007. My husband recently got a 3 year extension on his H1 ( I 140 approved) and because of him, my H4 is also extended for 3 years (valid from 10/23/2006 to 08/07/2009 )

I intend to travel abroad in february 2007 to be back in the US by march 2007.
I have a few questions in this regard:

1. Can I travel on my current H4 visa which expires on 06/20/2007 or should I get a new H4 visa stamped with my 3 year extension before I travel?

2. If I travel on my current H4 visa , is there even a remote possibility of being stopped at Immigration because of my new extension?

3. Also if I decide to travel on my current H4 visa, since I only have 4-5 months left before it expires, will US immigration pose any problems when I re-enter in US?

I would greatly appreciate if you can respond to my questions.

Thank you very much in advance.

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las piedras en la vesícula

eb3_nepa

07-29 10:10 PM

Then we let the CITIZENS of the country decide what is best for their country! Guys understand one thing, it is a numbers game.

1) Legal Employment Based Immigrants: LESS THAN 0.5 Million with NO CITIZENS to back us.
2) Illegal Immigrants: MORE THAN 12 million with a HUGE chunk of the Hispanic CITIZENS to back them up.

Even the citizens who DO oppose Illegal immigration, SIMPLY OPPOSE illegal immigration, but DO NOT SUPPORT legal immigration per se.

Please DO NOT make the mistake of taking on the CHC at this point, it is a fight that is IMPOSSIBLE for us to win and POINTLESS to even fight. If we win against the CHC (big IF), we win NOTHING, if we lose, we now have bigger problems.

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belmontboy

01-19 04:05 PM

Not funny.
If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.

can name few who became "big" literally (--fat)

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Chanca Piedra es la solución

diptam

08-03 07:33 PM

You are OK as long is 140 is approved and 180 days have passed since Filing 485... BUT
if yor employer get to know your intention and cancel 140 between 180 and 200 days before 140 is approved , you are screwed...

Thanks,


I 140 and 485 filed concurrently.
Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)

will it create any issue for my GC ?

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cox

November 26th, 2005, 11:15 AM

My primary tip is patience... By very early, I mean at or just after sunrise... Early's no problem, I don't sleep anyway. :p I'll work on my patience ;)
I've also had great success with a trick Don Bevis shared. You can get thin bamboo sticks... I always carry two of them with me and stick them in the ground so that they apply slight pressure to the plant stem... It doesn't always work, but it does so often enough that it's worth hauling the sticks around... I remember Don's bamboo stick tip now that you remind me. I'll go to the nursury today...
These days I make heavy use of my 5-in-1 disk for diffusion and reflection... but Kevin Sadler talked me into spending more money to get a quality product and I haven't regretted it... Kevin's suggestion of using a quality reflector is a good idea, I'll go the camera store after the nursury...
As for shooting technique, a tripod is a must... and hang the camera upside down... and frequently use mirror lock up... GaryI use a manfrotto 3001BPRO tripod, which allows you to put the camera all the way onto the ground, and even position the center column horizontally, but I use a pan-tilt head that's not too flexible (and I bent it the other day :(). I'll look at ball heads while I'm at the camera store... I never thought of hanging the camera upside down! I'll try that. Great tip. I use mirror lock-up when shooting thru my telescope, but forgot to use it here. Will do.
Hope all of this rambling helps... Gary
Thanks for the feedback, Gary, I really appreciate it.

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villamonte6100

10-05 11:03 AM

Nobody knows but my friend got his green card 2 weeks EB3 Philippines. Filed 485 June 2007.

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karl65

11-17 12:37 AM

yes thats true .... but I guess only pig is not enough ... we need the whole animal kingdon fly before ....:D

Well...at least most of the Animal kingdom can fly.....the problem is if USCIS knows it!!!!!!!!:D:D:D:D

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coolmanasip

03-22 10:54 AM

It should be safe to travel for both of you.....

I am exactly in the same situation.....EB2, I40 approved, PD June 2006, and filed 485 in the july 2007 mess... I changed my job immediately after 6 months passed in March 2008....I have not informed USCIS about job change (AC21)......and my port of entry was Washington DC (IAD) airport......

I have travellled twice using the AP, once in April 2008 and once in December 2009.....went through typical two step exit process from immigration......first time, I was asked who do I work for ---- I told the name of the new company and said I used to work for XX compnay (filing company).....no follow up questions or documents were asked for.....second time no questions at all.....

Both times, I got a feel from what they were checking is that all they check is whether your I-485 is pending or not in their system......

hope this helps...

Thanks....

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jasonalbany

07-04 12:28 PM

Access to Job Market in U.S. a Matter of Degrees
Foreign workers with high-tech skills are in demand, but visa quotas snarl the hiring process.
By Anna Gorman, Times Staff Writer
July 3, 2006


This spring, a U.S. high-tech company recruited British citizen Gareth Lloyd for a possible engineering job.

But before the Irvine office made its hiring decision, the number of available visas for skilled workers ran out, in a record time of less than two months.

Lloyd, who has degrees in applied physics and electrical and electronics engineering, found another job in Germany.

"I was a little bit incredulous," Lloyd, 34, said in a phone interview. "It seems arbitrary to put some kind of quota on this."

Much of the national debate on immigration has centered on undocumented workers who fill agriculture, construction and service jobs. But highly skilled foreign scientists, engineers and computer programmers recruited by U.S. companies to work here legally also have a lot at stake in the outcome. "The major focus for all the laws and all the bills has mainly been for illegal immigrants," said Swati Srivastava, an Indian software engineer who lives in Playa del Rey and is waiting for her green card. "We kind of get pushed to the sidelines."

The Senate's sweeping immigration bill that passed in May calls for increasing the number of H-1B visas, which are available for professional foreign workers, from 65,000 to 115,000 annually. Foreigners with certain advanced degrees would be exempt from the cap.

Despite President Bush's urging to increase such quotas, however, the House bill that passed late last year does not include any provisions for skilled-worker visas. And a conference committee, which would negotiate a compromise, has yet to be selected. U.S. companies complain that they are losing prospective employees to other countries because of a shortage of highly skilled and educated foreign workers. As a result, companies are either outsourcing science and engineering jobs or making do with fewer employees.

"There aren't enough U.S. citizens pursuing those types of degrees," said Jennifer Greeson, spokeswoman for Intel Corp. in Santa Clara, Calif., where about 5% of the company's U.S.-based employees are on H-1B visas. "U.S. companies being able to have access to talent, no matter where it originates, is key to our continued competitiveness."

But critics of the H-1B program argue that there are enough Americans qualified for the jobs. Companies just prefer to hire younger, less expensive workers from other countries, such as India and China, instead of more experienced American workers at higher salaries.

"The bottom line is cheap labor," said UC Davis computer-science professor Norman Matloff, who has studied the H-1B program.

The six-year visas are available to foreigners with at least a bachelor's degree. Firms must pay foreign workers the prevailing wage.

The U.S. Citizenship and Immigration Services agency begins accepting H-1B visa applications on April 1 each year. The agency received enough visas to hit the congressionally mandated cap of 65,000 at the end of May this year, compared with August in 2005 and October in 2004. Those who receive the visas can begin work Oct. 1, the start of the fiscal year.

There are also 20,000 additional visas available for foreign workers who earned a master's or higher-level degree in the U.S. The Citizenship and Immigration Services is still accepting applications for those visas.

Because the H-1B cap is reached more quickly each year, many companies prepare their paperwork ahead of time so they can be at the front of the line. But they say it's often difficult to make hiring decisions six months before the start date.

Orange County immigration attorney Mitchell Wexler has a courier ready on the first day to take his clients' completed applications to Citizenship and Immigration Services.

"The whole white-collar business community is kind of crossing our fingers" that the number of visas is raised, Wexler said. Highly skilled foreign workers, he said, are "the best and brightest" and should be invited into the economy.

"If we can't get them," Wexler added, "they will go to a country that will accept them, and they will get jobs in Canada, Australia and England and will compete against us."

One of Wexler's clients, Massachusetts-based Skyworks Solutions, develops and manufactures integrated circuits for cellphones. Connie Williams, senior human resources specialist at the company's Irvine office, said her firm was effectively cut off from a foreign labor pool that included Lloyd of Britain when the government stopped accepting H-1B applications.

Williams said she worries that if Congress fails to pass reform legislation, the door will slam shut even earlier next year. The company has just over 2,000 U.S.-based employees, roughly 100 of whom have H-1B visas.

"We need these highly skilled, highly educated, highly qualified engineers," said Williams. "These people are a needle in a haystack."

Once foreigners have H-1B visas, they face another hurdle � becoming permanent legal residents. Applicants are often forced to wait years because there are only 140,000 employment-based green cards available annually. A backlog at Citizenship and Immigration Services adds to the delays.

Swati and Aradhana Srivastava, 34, both Indian software engineers working in the U.S. on H-1B visas, began the green card process with their employer in November 2001. Since then, the sisters said they have not been able to change jobs, positions or salaries.
They have taken film classes and are eager to pursue second careers in filmmaking but cannot do so until after they get their green cards. They also are reluctant to buy property or start a business. If they don't get their green cards by the time they finish film school, the sisters may return home.

"It's like living in a holding pattern continuously," said Swati Srivastava, 28, a member of Immigration Voice, a new grass-roots organization of skilled foreign workers pushing for immigration reform. The Internet-based group formed late last year and has about 5,000 members scattered around the country.

"We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."

Sandy Boyd, vice president of the National Assn. of Manufacturers, said there is an urgency to fixing the problems facing highly skilled foreign workers, whether they're seeking temporary or permanent legal status. The Senate's proposed immigration bill would increase the number of available employment-based green cards.

If compromise legislation cannot be reached on the broader issues, Boyd said, Congress should pass a separate, more narrow reform bill.

"This is not an issue that can be put off until comprehensive immigration reform is passed," Boyd said, "because once we lose these jobs, it's very difficult for them to come back."

But industry lobbyists arguing against increases in H-1B visas say the program hurts U.S. citizens by lowering wages and increasing job competition. They cite a recent report by the Government Accountability Office that says the program lacks sufficient oversight from the Department of Labor.

"We feel for the most part there are not shortages of U.S. engineers and computer scientists that have the skills these companies are looking for," said Chris McManes, spokesman for the U.S. sector of the Institute of Electrical and Electronics Engineers. "If the cap is increased, that will further hamper the ability of a U.S. engineer to find a job."

David Huber, a network engineer in Chicago and U.S. citizen by birth, said he twice lost out on jobs to foreign workers. He was passed over for one job and replaced at another, he said. Huber, who testified before the House in March, said he could not find work for nearly three years, despite his education and experience. "Too many of us cannot find jobs because companies are turning to H-1B workers as a first choice," Huber said in written testimony to the House.

Swadha Sharma, who lives in Arcadia, said she is not trying to replace U.S. workers. Sharma earned an electronics engineering degree in India but has long dreamed of becoming a math teacher. So while her husband worked here on an H-1B visa, she earned her teaching credential at Cal Poly Pomona.

Sharma, 30, started applying for teaching jobs early this year, but she said only one of three interested districts was willing to sponsor her for an H-1B visa. And that offer, from a Los Angeles charter school, came after the visa cap had been reached. Sharma now plans to pursue a master's degree but said the U.S. is "missing out on a catch."

"I am really qualified," she said. "Hopefully, I will be able to teach soon."

As for Lloyd, his plans to come to the United States are now on indefinite hold. He started his job in Germany but still laments the U.S. immigration system for limiting workers like himself from coming here.

"The H-1B scheme seems a little bit ridiculous," he said. "I would certainly be an asset to the American economy."

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little_willy

08-25 03:16 PM

So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?

Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.

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saurav_4096

04-12 09:38 AM

Gurus,
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.

I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.

I am not sure what should I be doing in this situation:

If I reply with all facts this might effect my pending H1B status for new employer.


If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.


Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]

I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.

Thanks
Saurav

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desi3933

09-09 04:19 PM

What is the difference between 1099 and W2 ?

Thanks,
theOne


W2 versus 1099 (http://answers.google.com/answers/threadview?id=463647)

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va_labor2002

06-01 02:24 PM

Is it possible ? If it is possible to pick up the legal immigration provisions from CIR and make a new Bill, we should proceed with that option,so that it will be passed quickly before CIR. We should talk to our senators for this option.

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arbhaat

10-08 08:06 PM

I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!

Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?

i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)

as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?

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