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hebron

08-16 02:50 PM

Hi Hebron,
I will get my money if i complain to DOL. But, do i have to stop working at the same client now. Will there be any problem if i continue working with the same client.
Thanks,
Srikanth

You have a valid H1 with the new employer (client), so there should be nothing wrong working with the client.

Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).

You may also want to check with your attorney.

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go_guy123

05-24 12:43 PM

People do not earn Ph.D. for money. A Ph.D. gives you prestige and you literally stand tall in the crowd for the rest of your life. People call you 'Dr.', which has more value than anything. Most importantly faculties NEVER lose their jobs once they are tenured......NEVER. There is NOTHING in this universe that can fire a Professor (excepting criminal offenses, academic dishonesty etc.). They never fear that their employer will ill treat them, not pay them, yale at them etc. etc. It takes years of blood and sweat (and intelligence) to earn a Ph.D. Society treats them with reputation and not no mention they live a peaceful life (professionally) throughout their lives.


Yes true ....its not easy to get into the ivory tower of tenured prof.
Most phds dont make into that. Mainly phds from top schools make into the ivory tower that you are describing.
Perhaps you are working in univ as faculty due to your phd...good for you....but all dont work as prof.

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rimzhim

06-05 10:22 PM

At this time ONLY 30% of EB2 Indians have current PDs. I've asked this question before - don't you all think that maybe dates will not have to retrogress again? I mean, 30% is too low a percentage for triggering a backward movement of PD.

Any thoughts?

Seems like a good guess to me. In fact, EB-2-India might move forward.

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nozerd

01-15 09:52 PM

Looks like the best bet for you would be to give the exam in either Houston or Dallas.

I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.

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thomachan72

09-13 12:02 PM

I appreciate the original post. I also request the moderators to come up IMMEDIATELY with strict rules and regulations for posting on this website. Posts that go against the principles that IV stands for should be IMMEDIATELY deleted. We dont need such posts here. This is not about EB3 or EB2. Given that the backlog for EB3 is bigger than EB2 we are seeing great deal of frustration among our folks but we have to approach this issue carefully. The question is, have we specifically aimed at getting anything for any spefic catagory? the answer is NO. I believe most of the administrators including pappu and previous guys were EB3. whether a person applies in EB3 or EB2 depends entirely on the job specifications and not the qualifications also since lot of the software jobs currently fall under specifications for EB3 we are seeing lot more applicants in EB3. I however believe that once we get through the next couple of years there is certainly going to be a faster movement in all catagories. Meanwhile we have to stand united and not allow FALSE prophets to post hate on this site. The poster you are refering to is CLEARLY A COMPLETE FRAUD. look at his/her language and how many of our members have you ever noticed to use such language. Even our most angry members never use such words so ELOQUENTLY!!! He/she is apparently a person who has lost a job and is angry about immigration as a whole and takes pride in posting such material on immigration related websites. So our members should immediately take notice of such posts and either ignore them or report them to the moderators.

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kaisersose

06-02 01:32 PM

Isnt all that in picture only when you are travelling outside ?

Nope...she is out of status if you lose your H-1b. At any point of time, inside the US, she has to have a valid status. It can be H-4, H-4 extension pending or AOS. If she is not in any of the three, then she is accrueing unlawful presence.

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GCAmigo

12-04 10:30 AM

isn't that what is happening now?

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chanduv23

03-14 06:50 AM

If someone completes their residency in US and gets a license to practice medicine, will this MD degree be valid in Canada and Australia?
My wife is doing her residency and due to this retrogression we want to have a plan B, and for plan B we want to know if it is worth moving to Canada or Australia after she completes her Residency? While I am in IT, I think the job scene is almost same everywhere which is based on experience.

I am sure a lot of IV members are physicians and would be looking into these options also. Please share your thoughts.

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GC_2007

12-22 12:05 PM

Your new employer has to start GC from scratch, but you can retain your old PD if your I140 is approved.

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nk2006

12-07 02:40 PM

Friends,

I apoligizeif I was posting this message in the wrong section.

I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?

Yes.
I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.

(note: I am not a lawyer)

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benbear

11-09 09:39 AM

Let me simplify the EB backlog equation:

EB backlog as of Oct31 = 655K�(average lead time for FB approval)x50K/month+50KEB in Oct

Do the simple math, we can get the following table:

Average time for FB approval EB backlog
5month 455K
6month 405K
7month 355K
8month 305K
9month 255K
10month 205K


It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.

So,from , EB receipt in Sept vs. receipt in Oct = 2:1

150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)

Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.

Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.

Add the 50K EB in Oct. Total EB backlog is 405K.

Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!

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reno_john

06-22 11:42 AM

Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present


U may get a RFE for TB skin test and skin test does not take more than 2 days.

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trs80

01-10 03:56 PM

Without a MS will be difficult to qualify for a EB2 position without a BS is imposible!

You have be waiting too much for your EB3 approval, I read that Chicago is working faster than Atlanta. Any update?

My company submited my PERM application for a EB2 position on december and I still waiting.

I copy your signature:)

Buena Suerte!

EB2, From: Dominican Republic. Residence: Puerto Rico
LC PERM - Atlanta PD: 12/2007: "In Process"

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pritibshah

06-24 08:35 PM

Hi,

I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".

I am not working with the company anymore but I am on their payroll till July 21st 2009.
I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.

My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.

Do you think it will work and it won't cause any problems to my petition?
What other options do I have ?


Thanks in advance!

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immi_seeker

07-12 11:57 PM

Hi,

Just wanted to know about your EAD: Which Center you have applied ? NSC/TSC. What date they have received. My EAD Renewal is pending, and I wish to change job. :confused:

Appreciate your reply. Anyways, You should not be worrying too much on EAD, as your PD is current now, and youshoudlget the Card in coming months. :)

Thanks.

Center is NSC. They recieved the Application on june 19th

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rc0878

09-23 10:35 AM

I think as far it does not say unknown, we should be good....but still we should atleast discuss this wit our respective attorneys and post our findings in here.

BTW, mine is blank also.



To answer your question the Priority date column is NULL ( i mean blank) for most of us in 485 Receipt Notice.

But the "Section : " is showing UNKNOWN for some of us and showing something else for others...

I'm wondering if that could be an issue - shall we call USCIS to fix this ?

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dealsnet

03-31 05:46 PM

The OP (MORON) is a fake. He is promoting some Taliban type groups. India will not take any one without passport or embassy out passes. If he went to India without these, he will be in JAIL. If something wrong, USA will not send out any one.

DON'T MAKE AS A FOOL, DEAR FRIEND.

PLAY APRIL FOOL WITH YOUR TALIBAN FRIENDS. NOT WITH IV MEMBERS.
HERE EVERY ONE IS HIGHLY QUALIFIED AND NOT A FOOL LIKE YOU AND YOUR STUPID SATANIC IDEOLOGIES.


I wonder why his/her handle is "webPromo"??? hmm... promoting "something" on the web...:D.

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deba

09-09 10:28 PM

Nothing surprising here. I have yet to hear about one desi employer who has not exploited H1b. The system is set up to favor the employer. Employees hardly have a choice. Those in favor of increasing the quota should also lobby for complete portability without any penalty to keep the system fair.

Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07

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Dhundhun

10-13 04:16 PM

Visited several countries.

Whenever, visa interview was for Technical Presentations, Business Meeting and Business Development, I used purely formal dress (Black polished shoes, black/dark grey trousers, white/light blue, a good tie, appropriate hair style).

For engineering roles, business casual, casual shoes, black/grey/brown trouser (I never used jeans), shirt with light stripe/check.

For H-1B, it has been business casual as role was engineering.

I got every time visa - virtually no questions asked - almost within minutes. I faced questions like: Out of 14-15 stamiping these are only few questions asked

In US consulate Ottawa: Business Casual
Q: Why you want to go to US?
A: Some of my friends driving to NY, I want to join them for shopping

In US consulate Delhi: Business Casual
Q: Last time we gave you Visa and you did not go, why?
A: I did enough shopping before friends went to NY and so dropped the idea of going.

In US consulate Mexico: Formal
Q: Why do you need Visa Revalidation, you could have continued to work without it.
A: Company have plans to send me for business meeting in other countries.

My input and thinking is that appropriate dress helps - and in this context, I mentioned understanding of appropriate as above.

Good Luck

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permfiling

01-17 01:18 PM

bump^^^^

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perm2gc

12-22 06:08 PM

Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.

Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.

H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.

Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.

Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.

Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.

Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off

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