LostInGCProcess
06-12 05:17 PM
Hi All,
I was sponsored by Company A. Also they are sponsoring my GC. I have a pending i-485 since my PD is Nov2006.
Company B has bought Company A. What should I do now?
1) Do I have to ask them to file a fresh H1?
2) how would the GC process be transfered to the new company that took over?
I asked the greedy owner of company A (my so called sponsorer, but as usual I paid for all the expenses), he said there is no problem with regards to my immigration status.
Can someone shed some light on this scenario?
Thanks,
RC:o
I was sponsored by Company A. Also they are sponsoring my GC. I have a pending i-485 since my PD is Nov2006.
Company B has bought Company A. What should I do now?
1) Do I have to ask them to file a fresh H1?
2) how would the GC process be transfered to the new company that took over?
I asked the greedy owner of company A (my so called sponsorer, but as usual I paid for all the expenses), he said there is no problem with regards to my immigration status.
Can someone shed some light on this scenario?
Thanks,
RC:o
add78
06-19 11:15 AM
I think I know what might have happened here. Check your I-140 petition. Check if on part 2, box "d" was checked. If yes then the officer went looking for an advanced degree (post baccalaureate) and could not find any documents and issued an RFE. It is usually customary for EB-2 to have Masters or show the job requires equivalent education / experience combo otherwise you will have to downgrade 140 to EB-3 (by checking the "e" box and amending I-140 by working with the officer, consult with your lawyer)
hsingh82
03-09 10:55 AM
Thanks. Could you tell me more details if possible through a PM? I applied last year. During that month PD had gone from 2004 to 2003 to 2000 to U and then back to 2003. My PD was March 15 2004. Yes I could have waited for PD to become current and of course I would have preferred EAD for my wife. But you know as well as I do how the PD movement is. There is no way to tell what the PD will be next month. Knowing how these consultancies work we had investigated a lot. We talked to couple of people who had worked for him and they recommended him. They said they haldnt got any trouble from him. So we went ahead. I agree it was a mistake. But anyway whats done is done. Now just looking ahead.
I am new to this PD business as you can see from my profile I have no dates (yeah stupid me!!)..my employer working on perm application.Anyways, you can PM me or we can discuss here as it may help others too.
I am new to this PD business as you can see from my profile I have no dates (yeah stupid me!!)..my employer working on perm application.Anyways, you can PM me or we can discuss here as it may help others too.
darshan1226
02-12 10:25 PM
Hello all,
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
more...
looneytunezez
02-04 11:00 AM
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
i dont think spill over rules state that it can be applied to any specific country of chargeability.
It is applied on PD basis, so if PD for EB2-China is before EB2-India applicants, they will get the spillover. But the fact that # of applicants in EB2-C are lower than Eb2-I, EB2-I should get more beneficial spill as long as its done horizontally and not vertically.
Based on my understanding, i agree that they will apply spillover in Q4 (in theory).
i dont think spill over rules state that it can be applied to any specific country of chargeability.
It is applied on PD basis, so if PD for EB2-China is before EB2-India applicants, they will get the spillover. But the fact that # of applicants in EB2-C are lower than Eb2-I, EB2-I should get more beneficial spill as long as its done horizontally and not vertically.
Based on my understanding, i agree that they will apply spillover in Q4 (in theory).
bestofall
03-24 10:41 AM
Rights and Responsibilities of H-1B Holders
http://hyderabad.usconsulate.gov/h1b.html
Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker
The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.
You have the following rights as an H-1B worker:
You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
You must receive the same fringe benefits on the same basis as offered to American employees.
Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
You have the following responsibilities as an H-1B worker:
You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
You may not enter the United States more than 10 days prior to the petition validity date.
You must follow U.S. laws and regulations while in the United States.
Your spouse and other H-4 dependents may not work while in the United States.
If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.
http://hyderabad.usconsulate.gov/h1b.html
Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker
The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.
You have the following rights as an H-1B worker:
You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
You must receive the same fringe benefits on the same basis as offered to American employees.
Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
You have the following responsibilities as an H-1B worker:
You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
You may not enter the United States more than 10 days prior to the petition validity date.
You must follow U.S. laws and regulations while in the United States.
Your spouse and other H-4 dependents may not work while in the United States.
If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.
more...
greatguy
08-24 05:08 PM
A potential employer has offered me to substitute 2001 EB3 labor. Would DOL accept unapproved labor substitution ? what is the probability of rejection (assuming there is very good match).
What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?
Incidentally, How many applications are there in the backlog processing center by priority year ?
What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?
Incidentally, How many applications are there in the backlog processing center by priority year ?
sailing_through
02-18 02:29 PM
oh ok. thanks desi 3933 for rechecking that for me. i think you are right. i found that h4 can only do work for which they are not paid. thank you all guys, you were all a big help..
more...
diptam
02-24 04:30 PM
The rule is if company B files a Labor 365 days before your H expiration then that H could be extended. However L visa probably doesn't have a specified time limit like 6 yrs. So theoretically you could let companyB file Perm and I-140 for you and keep working in Company A till your Priority date become current and you get EAD.
But the best practical option is to jump to Company B via H1 and let them file the Labor and you continue extending the H1 as I'm doing. Once EAD comes you could trash the H1 or even transfer that H1 to a 3rd company.
The choice is yours !
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
But the best practical option is to jump to Company B via H1 and let them file the Labor and you continue extending the H1 as I'm doing. Once EAD comes you could trash the H1 or even transfer that H1 to a 3rd company.
The choice is yours !
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
rajenk
09-16 04:48 PM
USCIS is doing this to me the second time. They did the same with my EB3 I-140 and now with my EB2 I-140! I am really upset about the way this lazy NSC is handling I-140s.
My EB2 I-140 was filed with premium processing on 9/2/2010. Today is 09/16 already and there are no hopes of my case getting touched or approved in 1 day! How do I know, because there are no LUDs since 09/03 (when the premium processing receipt issued).
Same thing happened with my EB3 case when I requested for premium processing (at NSC) they gave back the premium fee and said they cannot complete the case with in 15 days! So why are they even having this premium service to fool around....
Is there any thing that I could do about this?
Thanks,
Raj:(
Check my next post on this thread. My I-140 got approved without any LUD changes! Came to know approval from attorney's office!
My EB2 I-140 was filed with premium processing on 9/2/2010. Today is 09/16 already and there are no hopes of my case getting touched or approved in 1 day! How do I know, because there are no LUDs since 09/03 (when the premium processing receipt issued).
Same thing happened with my EB3 case when I requested for premium processing (at NSC) they gave back the premium fee and said they cannot complete the case with in 15 days! So why are they even having this premium service to fool around....
Is there any thing that I could do about this?
Thanks,
Raj:(
Check my next post on this thread. My I-140 got approved without any LUD changes! Came to know approval from attorney's office!
more...
ghost
09-21 04:27 PM
Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.
EB1, EB2 and EB3 depend NOT on your personal qualifications but on the job requirements, which are:
EB3 - BS or BS+<5 yrs
EB2 - BS+>5 yrs or MS
EB1 - PhD
Find out from your employer or from the job ad that you've been hired for. Good Luck!
EB1, EB2 and EB3 depend NOT on your personal qualifications but on the job requirements, which are:
EB3 - BS or BS+<5 yrs
EB2 - BS+>5 yrs or MS
EB1 - PhD
Find out from your employer or from the job ad that you've been hired for. Good Luck!
delax
08-06 07:40 PM
If 3600 have been approved, then between 7200 and 9000 numbers have already been consumed based on an average of 2 or 2.5. Take your pick. We have only completed 4 business days in August. At this rate we'll blow through the 20,000 numbers in less than ten days. That means EB2 becomes U in Sept and it makes 2006 approvals look even more egregious.
Welcome to the United States Confusing & Incompetent Services a.k.a USCIS :mad::mad::mad:
Welcome to the United States Confusing & Incompetent Services a.k.a USCIS :mad::mad::mad:
more...
chantu
02-19 07:19 PM
I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.
Thanks vactorboy!
Thanks vactorboy!
Winner
04-02 10:36 AM
A.P., G.P., H.P.....got all of them.
Did you get BP(High/Low?), I heard many get that during GC process ;)
Did you get BP(High/Low?), I heard many get that during GC process ;)
more...
sthurumella
10-08 06:05 PM
oh man..how many days we have to see the same date...I hoped it will move up...waiting eagerly to see sep'06
msandhu
01-08 05:12 PM
I have traveled twice on same AP since in last 9 months. Once to canada and the other time to India. The immigration office does not look at anything other than your AP and passport. The most they will ask is what do u do and who applied for your green card.
You do not need to worry about anything and can travel freely.
Cheers
MSandhu
You do not need to worry about anything and can travel freely.
Cheers
MSandhu
more...
anilsal
12-13 11:03 AM
That is provided the dems are in pursuit of CIR.
belmontboy
03-05 08:24 PM
Can we all try to list some big so called stable banks (as of this writing)........... all we can do is keep the funds in them, but if FDIC tanks, we will loose a LOT.
Wells Fargo
Bank Of America (People may differ with me on this choice)
can we add more to this list
chase
Wells Fargo
Bank Of America (People may differ with me on this choice)
can we add more to this list
chase
niklshah
09-19 08:10 PM
Look at this guys..Sapin sending the Immigrants back to Home country because they dont want to pay the unemploment benefits in bad economy..
http://www.msnbc.msn.com/id/26792948/
pls edit sapin to spain.....it was confusing
http://www.msnbc.msn.com/id/26792948/
pls edit sapin to spain.....it was confusing
Jerrome
10-18 01:29 PM
Is it possible to track 140 without the receipt notices.
Rune
May 31st, 2004, 04:22 PM
Nah, nothing more than what two bookshelves can hold! :)
http://www.lspace.org/books/reading-order-guides/ has a map over which books makes sense to start with. The first two in the series ("The Colour of Magic" and "The Light Fantastic") might be a tad compact at first read (maybe just me, but I've had friends tell me this as well, so...).
I originally wanted to play the computer game, but felt I had to read the books first... I never got around to actually playing the games though. (I tried "Discworld Noir" for a while, but some of its bugs seriously interfered with the gameplay)
"Mort" I believe contains the reference to "Duck Man"...
http://www.lspace.org/books/reading-order-guides/ has a map over which books makes sense to start with. The first two in the series ("The Colour of Magic" and "The Light Fantastic") might be a tad compact at first read (maybe just me, but I've had friends tell me this as well, so...).
I originally wanted to play the computer game, but felt I had to read the books first... I never got around to actually playing the games though. (I tried "Discworld Noir" for a while, but some of its bugs seriously interfered with the gameplay)
"Mort" I believe contains the reference to "Duck Man"...