corleone
03-19 11:19 AM
On the Senators,
We tried them twice - they are useless.
We tried them twice - they are useless.
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waitnwatch
08-30 12:36 AM
Isnt recording conversations without the consent illegal? :confused:
I think that applies to telephone conversations only though I may be wrong. Doesn't hurt to record conversation though - the most that will happen is that the lawyer will say that it is not admissible in a court of law.
I think that applies to telephone conversations only though I may be wrong. Doesn't hurt to record conversation though - the most that will happen is that the lawyer will say that it is not admissible in a court of law.
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vinabath
05-15 01:04 PM
What a coincidence.....
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
more money to spend for I-140 and PP
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
more money to spend for I-140 and PP
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
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santb1975
02-14 06:08 PM
Are we??
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Raji
09-16 10:20 PM
Done!!!
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sanju_dba
09-14 04:30 PM
Sorry I should have been more clear.
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
I got it.
I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
At this stage they might have spend money on LCA only + for attorney fee if any.
Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
I got it.
I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
At this stage they might have spend money on LCA only + for attorney fee if any.
Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:
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ramus
06-20 01:11 PM
I would suggest to go with EAD and AP for spouse as its better then H1B.
You don't have to stick one employee if spouse has EAD and she doesn't need to find job in perticular field if she has EAD...
But for you, I would say just use H1B as long as you can.
You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.
You don't have to stick one employee if spouse has EAD and she doesn't need to find job in perticular field if she has EAD...
But for you, I would say just use H1B as long as you can.
You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.
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DirCls
07-15 06:18 AM
I am in Houston
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easygoer
02-09 02:38 PM
NCR Region
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
Thanks ssdtm! You gave useful information
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
Thanks ssdtm! You gave useful information
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p.guptapost
11-06 05:54 PM
2 K number comes from I485 inventory report from USCIS. It shows 2K visas filed overall in 2009 till Aug.
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ARUNRAMANATHAN
06-11 03:03 PM
Is there reason you say that I cannot port the PD ...? Please explain.
Arun
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
Arun
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
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ameryki
02-26 11:19 PM
I have the file numbers etc since I got finger print notice last year so am set up online to track the applications. But just haven't see the receipt notices come through. Should I be concerned?
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jonty_11
08-01 01:25 PM
They dont have to process squat...in 1 month after Oct ...they dont care...
They will enjoy Xmas holidays any which way.....we r the ones who will suffer.
Sorry ...just a pessimist today.
They will enjoy Xmas holidays any which way.....we r the ones who will suffer.
Sorry ...just a pessimist today.
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alterego
04-11 04:59 PM
I would definitely be cautious about the plan you have mentioned. Here is the reason. You applied as an attending/practicing hospitalist through labor for a future job offer and you are moving into a trainee position. Should you be called for an interview or get a RFE at the AOS stage(not that uncommon nowadays), you would have to demonstrate how it is that doing an oncology fellowship better qualifies you to be a future hospitalist. That would be difficult. You could take a chance and get away but know that you will be taking one.
Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.
Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.
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hmehta
08-04 03:40 PM
Well, there are some clauses under which if you take out from 401K, you won't be penalized.
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GreenCard_Soon
02-16 12:38 PM
Hi,
Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.
Please let me know of the next time we plan to get together about this.
Thanks
Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.
Please let me know of the next time we plan to get together about this.
Thanks
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rbashir
06-11 09:12 PM
Guys
I need your sincere advice, I am currently working for companay A, labor files 2003 , PD December 2003, 45 days letter recieved and send in September 2005. Applied for 7th year ectension. I am from non-retrogress countrym but since EB3 is in bad shape so I am retrogressed. Now the situation is that another company is willing to hire me and want to transfer may case also. The are ready to file my case in PERM. My question is, that is it possible for file the labor in EB2 since its current and the BIG question is I am eligible to file EB2, I have bachelors degree with 5 years of progressive experience. Currently I am working as information security engineer and the new company wants to hire me as an Information security analyst. My lawyer advice me not to do so , as he said labor might now get approived in PERM under EB2.
Please Please advice me on this matter.
Thanks
I need your sincere advice, I am currently working for companay A, labor files 2003 , PD December 2003, 45 days letter recieved and send in September 2005. Applied for 7th year ectension. I am from non-retrogress countrym but since EB3 is in bad shape so I am retrogressed. Now the situation is that another company is willing to hire me and want to transfer may case also. The are ready to file my case in PERM. My question is, that is it possible for file the labor in EB2 since its current and the BIG question is I am eligible to file EB2, I have bachelors degree with 5 years of progressive experience. Currently I am working as information security engineer and the new company wants to hire me as an Information security analyst. My lawyer advice me not to do so , as he said labor might now get approived in PERM under EB2.
Please Please advice me on this matter.
Thanks
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lonedesi
11-16 05:28 PM
I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...
My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...
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mani_r1
12-11 03:09 PM
I got only 2 copies of AP from TSC. I might have to go to India multiple times in coming months (more that 2). Will the POE officer take the original AP on each entry? Is there any USCIS/CBP reference/guidelines that instructs the POE officer to take the copies and leave the orignals with us? Any help appriciated
Thanks
Thanks
needhelp!
09-16 01:39 PM
Same thing you used your Cingular minutes for :)
This will be your second round of calls.
Calls to ?
This will be your second round of calls.
Calls to ?
Canadian_Dream
09-19 07:26 PM
Can this question be taken for next conference call ? I have seen numerous people looking for answer to this question becasue the underlying law (AC21)pertaining to this issue is very vague. It has not been answered in any previous conference calls.
============================
What is the relation between a 3 year H1B approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the I-140 peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ?
In summary:
Does the H1B extension based on approved I-140, once granted linked to I-140 in any way ?
If yes:
What happens to the H1B if I-140 is revoked ?
If No:
Any law/precends supporting the conclusion ?
================================
============================
What is the relation between a 3 year H1B approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the I-140 peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ?
In summary:
Does the H1B extension based on approved I-140, once granted linked to I-140 in any way ?
If yes:
What happens to the H1B if I-140 is revoked ?
If No:
Any law/precends supporting the conclusion ?
================================
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