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  • arnet
    09-13 02:28 PM
    Started this thread just to encourage us after oct bulletin:

    We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.

    As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.





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  • qtoask
    07-11 12:22 PM
    TRUE, until IV co-ordinates rally on specific dates.. we members need to have that momentum flowing...


    I thank the idea of initiating and going about this so quickly. But if the IV or the majority of them here decide that they are going to hold rallies in San Jose/DC area, then I would not be able to participate since I don't see much representation in Denver/Boulder area.

    I would appreciate that IV and/or its core members support the concept of sending more flowers/letters/cards etc.

    Nothing of this kind is overdoing here.
    Send Cards/Letters and more flowers

    Keep the momentum going. This is not a one time affair

    Anand Sharma





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  • wantMyGC
    09-12 08:22 PM
    Hello Attorney,

    My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
    2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.

    Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.

    Can you please help me by answering following questions.

    1) What are the precautions I should take to protect my green card?

    2) Can I leave the present company and start my business by forming an LLC?

    3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?

    4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?

    5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?

    6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?

    Thanks for your help in advance





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  • vejella
    01-22 06:24 PM
    You guys are doing a commendable effort...Keep It up ...



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  • number30
    03-28 12:27 AM
    So what do I do.
    I am looking to buy a SUBWAY franchise outright costing 200 K

    I do not know how can you apply for the green card from the SubWay. If it was Indian hotel people apply as international Chef. But SubWay does not need that kind of expertise. If you want do the business that is fine. 200K seems little high even for the green card.





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  • horscorp
    02-06 07:37 AM
    Hello,

    My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:

    H1b start date: 01-Oct-2004
    Perm applied: Jan-2008
    Audited Twice: First time because of FRAGOMEN and second time asking for some documents
    Perm Status: Pending
    Original H1b expiration: 30-Sep-2010
    H1B extended because Perm has been pending for more than a year
    Current H1b expiration: 30-Sep-2011

    I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.

    In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.

    thanks



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  • gesu
    04-20 12:35 PM
    Hi,

    Does anybody know the procedure to transfer H4 to F1. Do I need I- 20 for that?

    Regards,
    Gesu





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  • zCool
    04-02 11:15 AM
    But for 140, ability to pay type of RFE can and will be answered by company financials etc. It's just that if you are already employed and are getting more than LC proffered wage and can prove that via W2+paystubs.. it makes it simpler even when company doesn't have enough assets or profits.
    But it's not completely a must have,
    More to the point though
    You can count on getting some type of RFE somewhere in the process that will ask you to prove the status.
    Normally W2 and Paystubs are basic stuff that maybe asked even at the time of 485 decision.
    and moreover if he's paying you, why work?!!



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  • jsb
    10-30 12:13 PM
    ^^^^^^bump^^^^^

    Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?





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  • franklin
    05-31 10:46 AM
    Great news!

    But to answer the question posed - how do we get more of the affected retrogressed people involved. I suspect it will take "casting a wider net" and getting people from different countries.



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  • f1togc
    09-09 01:47 AM
    I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)

    How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?

    This is way too confusing...

    You can enter US on your AP ( I guess thats the purpose of it) and you don't lose your h1 status.
    Babu is right, you will be a parolee and can still work for your h1 sponsoring company.





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  • aranya
    03-09 03:07 PM
    Hi,

    Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)

    This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).

    Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,

    they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.

    1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?

    2. Should i ask for a job offer later stating a new hire date of Oct 1st?

    3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.

    Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.

    Will appreciate any feedback on my 3 questions/concerns above - than ks.


    I was in a similar position a few years ago. I had to be at home for 1 month.
    From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.

    1] Most jobs are at-will meaning there is no real way to "protect your job".

    2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.

    3] They must have talked to their immigration attorney who set them straight about LOA etc.

    As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.

    As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".

    Good luck.



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  • willgetgc2005
    04-25 10:07 AM
    dilbert,

    I am trying to change from EB3 category to EB2 category.Will that work if the old employer revokes I-140 ?

    __________________________________________________ _________


    WillGetGC2005 - here is my understanding of your case :-

    You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.

    If the above is correct, you do not need to do PD transfer or start any new labor process either.

    What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.

    The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.

    This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.





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  • viva
    01-27 07:54 PM
    Any takers of my pledge?????????????????????????????????????????



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  • ajay
    03-23 02:46 PM
    If your employer is a 'good' person s/he might be of help to you in this regard. LLC also may be an option that you can try with. Let others also explore some possibilities for you.


    Good Luck in your website.





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  • at0474
    12-17 12:57 PM
    "1) if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?


    2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?

    "

    --Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.

    My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.

    Also, talk to your lawyer. Hold my opinion as mere opinion.



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  • permfiling
    10-04 10:57 PM
    I am planning to go to India with my family in december. Please suggest some tourist spots across India.
    Not the usual ones like tajmahal or gateway of india etc. Thank you.


    Well you have telanganaindia as your ID so you can visit Andhra Pradesh :-)





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  • pappu
    05-14 11:47 AM
    I'm not sure what made you decide for CP. There maybe valid reasons or you maybe misguided.
    I have heard some people use the CP route thinking that once the dates get current, they will get Green Card faster than AOS route. Some people use it as a back-up. But I am not sure what made you opt for this if you knew you will deny yourself EAD and AP benefits.





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  • amitga
    02-15 09:30 AM
    If she worked in India in past 3 years for at least 1 year for the same organization. She can get a L1 Visa and then get the GC processed on EB1 category. She will get her GC in 7-8 months.

    :confused:

    Gurus,
    Please advise.
    Can a spouse of Green card holder get an H1b visa.
    Spouse is currently studying MBA final sem.
    She has 3 year industry work experience.

    An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.

    The question :
    Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
    What are chances of her obtaining h1b visa ?
    I heard H1B is a dual intent visa.

    Thanks in advance for your time and efforts on this issue.

    USGC07





    deardar
    07-06 10:55 AM
    Brother why ?





    abhay
    01-20 11:51 AM
    Thanks So Much Ann, That gives me direction and what to request my employer when I talk to them later this afternoon.

    I have one more question? When I spoke with USCIS and opened the inquiry in dec 2010. why did they come up with " RFE resposne not received till todate?" Do you think thye just checked the online status and responded back. My lawyer says that they spoke with someone at Texas service center and they told them that they have received the response. Thanks



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