garybanz
03-09 11:35 AM
thanks all for suggestions
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
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hoolahoous
10-28 01:26 PM
This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?
since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?
nogc_noproblem
03-16 12:37 PM
Well said, if we always worry about the exceptions, then there won�t be any peace in life.
I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.
I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.
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pappu
08-23 06:35 PM
I tried to educate some of the university students( MS) about our issue. They dont
even care! Its seems like, they think, somebody else will take care of this
Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.
thanks again for at least trying.
even care! Its seems like, they think, somebody else will take care of this
Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.
thanks again for at least trying.
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kittu1991
09-09 01:28 PM
I had applied for PERM in 2006 with software programmer title with 8 yrs exp in EB2 and got it approved so i don't think it should be a issue. I have applied my second PERM in April 09 as senior software engineer with 10+ exp in EB2 still waiting to get it approved. My lawyer never raised any issue with my current labor in EB2 so i think we should qualify in EB2 with software engineer position. Where did you find this information about limiting EB2 to managers only? If you want to get in the line for GC don't waste time.. do it ASAP. It is taking a long time to get PERM approvals, don't know whats going on at DOL and why it is taking this long. There are hardly any approvals after Nov 08. Did anyone with PD after Nov 08 got their PERM approved recently?
The fact that there is no approval and you don't know what they are going to do with your new perm application is the concern raised. As long as we are seeing any EB2 approvals for SW engineers how can we conclude that nothing has changed and everything will be so easy going. My sis has applied for perm in apr2008 and she got 3 RFEs to which she responded 6 months ago and still waiting.
The fact that there is no approval and you don't know what they are going to do with your new perm application is the concern raised. As long as we are seeing any EB2 approvals for SW engineers how can we conclude that nothing has changed and everything will be so easy going. My sis has applied for perm in apr2008 and she got 3 RFEs to which she responded 6 months ago and still waiting.
sandy_77
06-20 11:51 AM
I would like to appeal to all the people who want to travel outside the country and would need a new visa stamp to come back to US....please...please...please do not take this risk unless it is a family emergency (a life and death situation rather than a brother,sister getting married). Per the new rules all of us have to pass through many checks (such as PIMS, NAME CHECK, SECURITY CLEARANCE, ETC.). Contrary to popular belief PIMS is the simplest of all. You will possibly get a PIMS clearance within a month (usually 5 days). However, if you get stuck because of other checks, only God can help you. People (more than a couple of thousand at any given time during these days) are stuck at the consulates in India for two months or more (these days waiting time exceeds 4 months in normal cases and I am one of them). Some guys have been given visas after 1.5 years. Also, contrary to what most lawyers would have you believe that only those people get stuck who have done something wrong, I can assure you that there are very few cases (possibly less than a 5% of the total) who have been outright rejected even after significant delays for security clearances. These lawyers have just surrendered before the DOS/DHS...possibly avoiding burning bridges with the government rather than protecting human rights and civil liberties. God forbid if you get stuck for reasons other than PIMS, anything you can ever know from consulate/DOS after that is that your case is pending in "additional administrative processing" for security clearance. No more no less and you probably have no right to demand transparency. Not even your local congressman/senator can save you then from the harassment that the DOS thinks you deserve for being a third world citizen.
Sorry for being so brazen but I am tired of all these travel related questions. Somehow I think some of like to challenge the consulate/DOS OR our luck (like I did...but I didn't even know that there is a best like AAP out there waiting for me...of course ignorance is not an excuse either).
Sorry for being so brazen but I am tired of all these travel related questions. Somehow I think some of like to challenge the consulate/DOS OR our luck (like I did...but I didn't even know that there is a best like AAP out there waiting for me...of course ignorance is not an excuse either).
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dummgelauft
11-11 12:02 PM
hey all i can't find where to post a new thread so hopefully I can hijack this quick.
I called the USCIS number for info but can't speak to an operator.
My wife is planning on traveling to hawaii in december. She will have her drivers license by then. She has her I-485, I-130, I-765 and some other M109109 (whatever that is).
she wants to know if its ok for her to travel to hawaii (from florida). it's in the united states so i can't imagine there being an issue. she will be traveling to ohio later that month and to me its the same thing. I'm just trying to get the opinion from someone who would know for sure.
thanks for any help!
Hawaii is an outlying US state. Going to Hawaii should be no different than flying between two cities within continental US.
I called the USCIS number for info but can't speak to an operator.
My wife is planning on traveling to hawaii in december. She will have her drivers license by then. She has her I-485, I-130, I-765 and some other M109109 (whatever that is).
she wants to know if its ok for her to travel to hawaii (from florida). it's in the united states so i can't imagine there being an issue. she will be traveling to ohio later that month and to me its the same thing. I'm just trying to get the opinion from someone who would know for sure.
thanks for any help!
Hawaii is an outlying US state. Going to Hawaii should be no different than flying between two cities within continental US.
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rr_immaculate
08-04 11:58 PM
My first 3 years of H1B visa and I-94 expired on december,31,2009. My employer applied for my H1B renewal and got the approval notice (797A with I-94 part in the bottom valid from 1/1/2010 till end of 2012) expiring in end of 2012. I went to Canada for 4 days and got my 3 year visa extension stamped which is valid till end of 2012 for the same employer. They took off my old I-94 when I left to Canada and did not issue a new I-94 while entering the US. The officer just took a look at the 797 and said that I am good with the bottom part of the 797 itself and did not stamp any expiry date on the bottom part or did not issue a new I-94(white card).He just stamped the entry date and POE name on my passport. I checked with the CBP officer and she said that since the renewed visa and 797 is valid till end of 2012, I can use the bottom part of the 797 as the I-94 and it is valid till end of 2012. Is this correct?
I noticed that the bottom part of the 797 has the same number as my old I-94.
I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.
I noticed that the bottom part of the 797 has the same number as my old I-94.
I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.
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jlt007us
09-14 01:20 PM
Case 2:
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.
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smuggymba
08-19 02:31 PM
Not that , i agree with OP(Infact i am against posting such a news on IV)
Ramesh Chilakamarri, Detroit, MI - Psychiatrist (http://www.wellness.com/dir/2233480/psychiatrist/mi/detroit/ramesh-chilakamarri-md)
Proves he is from india (Gandhi Med Coll, Univ Hlth Sci, Vijayawada, Hyderabad, Ap, India )
ok, you guys win. He is indeed from India. So what?
Ramesh Chilakamarri, Detroit, MI - Psychiatrist (http://www.wellness.com/dir/2233480/psychiatrist/mi/detroit/ramesh-chilakamarri-md)
Proves he is from india (Gandhi Med Coll, Univ Hlth Sci, Vijayawada, Hyderabad, Ap, India )
ok, you guys win. He is indeed from India. So what?
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MatsP
June 2nd, 2006, 10:23 AM
Thanks, your reply really helped me understand a few things. First of all, for the money I can spend there isn't much of a choice (meaning what I already picked is fine for the money spent), then, even more important fact I realized is that the equipment I can afford for now, can be a starting point in my photography experience. It is more important that I use it, take photos and practice than to own expensive gear and never really use it. In the end I hope that one day in the future when I gain the needed skill I'll be able to afford a better and a more advanced equipment. So, once again, thanks a lot.
Yes, and of course, by using one type of equipment you also learn what you ACTUALLY need later on.
By the way, if money is tight, buying used equipment CAN be a way to save money - but of course, you get less warranty and if it breaks after 3-6 months, it's probably going to cost you the same again - which is fine if it was a real bargain, but if you paid only a little less than new-price, it's not... Lenses don't often break, but you never know if you get a Lemon...
--
Mats
Yes, and of course, by using one type of equipment you also learn what you ACTUALLY need later on.
By the way, if money is tight, buying used equipment CAN be a way to save money - but of course, you get less warranty and if it breaks after 3-6 months, it's probably going to cost you the same again - which is fine if it was a real bargain, but if you paid only a little less than new-price, it's not... Lenses don't often break, but you never know if you get a Lemon...
--
Mats
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stillhowlong
01-17 01:08 PM
1. Yes you can certainly do that too.
2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
Rajenk,
You mean to say even the priority date is not transfered from eb3 to eb2 I140 and if the priority date is current ( for example, eb3 date was March 2005 and eb2 date was 2008, and now the eb2 date is current as it passed eb3 March 2005 ).
A) In the above situation, can some one do the interfile?
B) Is that possible to port the date from eb3 I140 to eb2 I140 if the eb3 was approved using substitute labor?
Thanks
SHL
2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
Rajenk,
You mean to say even the priority date is not transfered from eb3 to eb2 I140 and if the priority date is current ( for example, eb3 date was March 2005 and eb2 date was 2008, and now the eb2 date is current as it passed eb3 March 2005 ).
A) In the above situation, can some one do the interfile?
B) Is that possible to port the date from eb3 I140 to eb2 I140 if the eb3 was approved using substitute labor?
Thanks
SHL
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cygent
06-02 06:14 PM
pbojja, you have contradicted yourself. In 1) you say "No need to File for 140";
Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?
Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?
Happy Scenario
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month
Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?
Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?
Happy Scenario
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month
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nonimmi
03-11 12:25 PM
This is the problem with most of them (attorney). Once they receive full payment, they dont even care to respond or take any interest in our case. More clients they have more misbehavior we face. Anyway if we look for some real good attorney and find details about him/her it can be good for all of us. I dont think location is that important if attorney is good. Lets do a countrywide search and if someone has real good experience with their attorney please let others know.
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kumargovin
06-03 10:33 AM
I posted this question sometime back since I am in the same situation. I did get some response back and you are in the right track. On this issue, the regulations are very unclear. So far I have not found anything that says we can transfer to a new employer on 7th year and gain 8th year with them. AC21 allows H1B portability but unclear when it comes to 7/8th year. In my oppinion, safest way to go thru this issue is to apply for remaining 7th year and 8th year extension, 6 months before the 7th year expires. My new employer will only hire me only if 8th year gets approved since this will allow them to file for the new GC thru PERM. I did talk to couple lawyers but Mr. Micheal Khosla (http://www.usimmigration.net/index.html) is very confident & clear about this issue. Plese check his website for other informations. I hope I am being helpful here and please let me know how things work out for you.
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Ramba
08-13 06:29 PM
Hi
Whats your opinion? Do I have a chance with new updated list and 4 more publications and a letter about my leadership role?
With identical evidence, my EB2-NIW was approved at NSC.
-Please advice.
BP
EB1-EA requires "extrodinary ability". So you need to have national/international merit/awards like olympic medal or nobal prize. Just having PhD and having tons of papers will not necessarly makes a person as "extrodinary". So it is tricky and diffult. It is better to consult a any of your friend, if they got through EB1-EA, or otherwise consult a good lawyer who is capable of making sucsesful EA cases. This forum mainly thros idea on Eb2/EB3 and retrogression issues. You may not find a good answer here.
Whats your opinion? Do I have a chance with new updated list and 4 more publications and a letter about my leadership role?
With identical evidence, my EB2-NIW was approved at NSC.
-Please advice.
BP
EB1-EA requires "extrodinary ability". So you need to have national/international merit/awards like olympic medal or nobal prize. Just having PhD and having tons of papers will not necessarly makes a person as "extrodinary". So it is tricky and diffult. It is better to consult a any of your friend, if they got through EB1-EA, or otherwise consult a good lawyer who is capable of making sucsesful EA cases. This forum mainly thros idea on Eb2/EB3 and retrogression issues. You may not find a good answer here.
more...
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mhtanim
02-28 01:28 PM
Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"
If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.
If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.
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stillhowlong
01-19 05:55 PM
As far as I know:
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
Thanks Alvin, so you mean to say it does not matter if I do that process with new employer right?
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
Thanks Alvin, so you mean to say it does not matter if I do that process with new employer right?
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magician7989
09-05 06:52 PM
I will be there. Do you know why they made all cases current in june if they have that much of a backlog. Amr Diab is some good music right there. Did you go to Sharm
latbsol
10-01 06:03 PM
Hi guys,
Sorry, I was absent for a long time. I am back now!
@ Hebron:
Yes, I am planning to file the EB2 with the same employer. Of course that is what prompted my questions in the first place.
@ veni:
Thanks for the suggestion. Yes, my employer applied for the H1B amendment and LCA and got them approved. So I hope that is good.
@ JamesSingham:
James, is your case the same as mine? i.e. you converted from EB3 to EB2 with the same employer (for a different job title & responsibilities) and are using the experience you gained with the same employer? Have you filed for EB2 PERM already? What is the current status? BTW how do we prove that the job responsibilities are 50% different. Obviously reading the EB3 job description and EB2 job description should make it clear. But I guess the DOL expects some formal proof about this? What kind of documents/letters/evidence has your current employer included in your application to prove that the two positions are > 50% different? Is there a standard procedure for doing this? Too many questions...sorry. But I hope you understand my situation :(. Please provide you responses. That will greatly help.
Sorry, I was absent for a long time. I am back now!
@ Hebron:
Yes, I am planning to file the EB2 with the same employer. Of course that is what prompted my questions in the first place.
@ veni:
Thanks for the suggestion. Yes, my employer applied for the H1B amendment and LCA and got them approved. So I hope that is good.
@ JamesSingham:
James, is your case the same as mine? i.e. you converted from EB3 to EB2 with the same employer (for a different job title & responsibilities) and are using the experience you gained with the same employer? Have you filed for EB2 PERM already? What is the current status? BTW how do we prove that the job responsibilities are 50% different. Obviously reading the EB3 job description and EB2 job description should make it clear. But I guess the DOL expects some formal proof about this? What kind of documents/letters/evidence has your current employer included in your application to prove that the two positions are > 50% different? Is there a standard procedure for doing this? Too many questions...sorry. But I hope you understand my situation :(. Please provide you responses. That will greatly help.
jfredr
07-23 12:04 PM
Hi
Just to know who signed ur I-485 at NSC
R.Mickels
Just to know who signed ur I-485 at NSC
R.Mickels
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