inskrish
07-18 01:22 AM
Today is a great day in IV history!
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
As long as you can submit your wife's pregnency certificate, you are OK. Besides, since your case will take at least 5 years to get the approval, you don't need to bother about RFEs.:-)
Regards,
IK
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
As long as you can submit your wife's pregnency certificate, you are OK. Besides, since your case will take at least 5 years to get the approval, you don't need to bother about RFEs.:-)
Regards,
IK
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reedandbamboo
09-14 10:37 AM
Till now EB2 India has much to cover till 2006 and then it will move fast. Also it seems very few People actually filed for EB2 after 2006 knowing the wait. Though we have aroun 24000 Perm for India (EB2/EB3) combined for 2007. Needless to say that USCIS data is very much required for Predicting Priority dates accurately
OR,
it could be because 2007 & 2008 folks, not having waited as long as the pre-2007 folks, haven't had as much cause to seek reprieve..
OR,
it could be because 2007 & 2008 folks, not having waited as long as the pre-2007 folks, haven't had as much cause to seek reprieve..
beautifulMind
10-08 01:01 PM
Anybody else know more on this topic
Thanks
Thanks
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krajani2007
08-15 03:18 PM
Unless:
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
===> Since I am working on hourly basis, My wages are high compared to LCA wage. However I was not paid 3 weeks on Bench.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
===> Contract says I cannot join clients client or End client , Direct or indriect. There is no geographical Limit and it is for 1 year.
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
===> I guess the LCA is there as I am working for 3 years in the same area (Different County). I found both the projects myself.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
===> Never realized that the clause existed until they mentioned (Working with same company for 4 years)
__________________
-------------------
Contributed $100.00
DC Rally
Labor Applied: June'08
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
===> Since I am working on hourly basis, My wages are high compared to LCA wage. However I was not paid 3 weeks on Bench.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
===> Contract says I cannot join clients client or End client , Direct or indriect. There is no geographical Limit and it is for 1 year.
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
===> I guess the LCA is there as I am working for 3 years in the same area (Different County). I found both the projects myself.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
===> Never realized that the clause existed until they mentioned (Working with same company for 4 years)
__________________
-------------------
Contributed $100.00
DC Rally
Labor Applied: June'08
more...
gbof
09-01 04:11 PM
Congrats to you....I am still waiting.
Can some smart one start POLL for sept approvals with PD month/yr and TSC/NSC ?
Can some smart one start POLL for sept approvals with PD month/yr and TSC/NSC ?
ssingh92
01-03 11:33 AM
I asked a question regarding use of AP and received following response from Embassy of Belgium.
Dear,
As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
Sincerely,
Marijke Janssens
Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.
I booked my ticket in JetAirWays (better than Air India).
Dear,
As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
Sincerely,
Marijke Janssens
Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.
I booked my ticket in JetAirWays (better than Air India).
more...
needinfo80
09-11 11:10 AM
But if your form is signed with today's date then doctor might want you to take blood work again as they are no longer invalid if they are more than 1 yr old.
Again this are grey areas.There are no concrete answers.
Again this are grey areas.There are no concrete answers.
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dh010447
03-23 01:51 PM
If the PWD is for a PERM application, there is no way to avoid using the DOL system. (NOTE: for H-1 PWD the online DOL system is NOT required).
There is no provision for expediting PWD's through the DOL online system. However, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January.
Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request.
That's useful to know thought it was just mine that was taking forever. My PWD request was submitted January 27th. 9 weeks later still waiting. Should I just wait in the hope that my company's lawyer is keeping track and knows to submit another PWD request?
There is no provision for expediting PWD's through the DOL online system. However, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January.
Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request.
That's useful to know thought it was just mine that was taking forever. My PWD request was submitted January 27th. 9 weeks later still waiting. Should I just wait in the hope that my company's lawyer is keeping track and knows to submit another PWD request?
more...
add78
07-15 03:03 PM
I have used AC21 to change jobs
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
$30 per option price seems very high at the time they were offered unless they were trading around or higher than 30 at that time. Usually ESOP (Employee Stock Options) are offered at a lower end of the annual stock price fluctuations - e.g. if a company is already public with stock trading for the year highs at 50 at year low was say 20 at any point during that year then employees get it at 20. something like this. If a company is pre-IPO, the options are offered at a much cheaper price of a 1c to 10c per option.
You should be able to place a call to your HR and they would be able to explain any questions you have. If the value is negative, no point exercising options now.
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
$30 per option price seems very high at the time they were offered unless they were trading around or higher than 30 at that time. Usually ESOP (Employee Stock Options) are offered at a lower end of the annual stock price fluctuations - e.g. if a company is already public with stock trading for the year highs at 50 at year low was say 20 at any point during that year then employees get it at 20. something like this. If a company is pre-IPO, the options are offered at a much cheaper price of a 1c to 10c per option.
You should be able to place a call to your HR and they would be able to explain any questions you have. If the value is negative, no point exercising options now.
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ebizash
08-03 10:20 AM
Good Idea!
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gc_chahiye
08-01 08:09 PM
depends on what the job required per your labor cert. If it said 2 years, then even if you have 36 years of industry experience you need experience letters for only 2 years.
If you are going for EB2 and your LC says MS+1 year of experience, you need experience for 1 year. If your LC said BS+5 years you need 5 years worth. If your LC said the job requires expertise in VC++, your experience letter must mention VC++.
If you are going for EB2 and your LC says MS+1 year of experience, you need experience for 1 year. If your LC said BS+5 years you need 5 years worth. If your LC said the job requires expertise in VC++, your experience letter must mention VC++.
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americandesi
10-18 01:24 PM
I have submitted all my 10 fingerprints to FBI to get Police Clearance certificate for Canadian Immigration. Will that cause any problems during FP or FBI Name Check?
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leo2606
10-15 09:48 PM
Yes but where did you do your Bachelors and in what?
Reason I am asking is, I have seen I-140s got rejected for some folks where the person did 3 years Bachelors or AMIE eventhough they had MS in USA (Specially with EB-2 cases).
No I did MS in computer Science from here only
Reason I am asking is, I have seen I-140s got rejected for some folks where the person did 3 years Bachelors or AMIE eventhough they had MS in USA (Specially with EB-2 cases).
No I did MS in computer Science from here only
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willgetgc2005
12-14 01:16 PM
Hi,
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
more...
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gc28262
04-23 01:45 PM
My I-140 is still pending at NSC.
I am planning to change my apartment. Same city, different zipcode, better deal!
Please advise when is AR-11 to be filed, is it based on lease start date or actual move date? :confused:
Here is my question:
In order to avail the deal, I need to "move-in" by 05.05.2009. So my lease at the new place will start on 05.05.2009.
Due some reasons, I cannot physically into the apartment till 05.16.2009. I will still be in my old apartment until then.
So when do I need to file an AR-11 form, by 05.15.2009 (10 days after my lease starts) OR 05.26.2009 (10 days after which I am physically in the new apartment)?
IMO you need to fill AR11 only once you vacate your old apartment. If you want file AR11 earlier, you can do it. Since you own(rent) both apartments till 05.16.2009 you can retain your old address till 05.16.2009 and file AR11 before 05.26.2009.
After filing AR11, call USCIS customer service to verify the address change. (Don't misuse infopass for such basic stuff).
I am planning to change my apartment. Same city, different zipcode, better deal!
Please advise when is AR-11 to be filed, is it based on lease start date or actual move date? :confused:
Here is my question:
In order to avail the deal, I need to "move-in" by 05.05.2009. So my lease at the new place will start on 05.05.2009.
Due some reasons, I cannot physically into the apartment till 05.16.2009. I will still be in my old apartment until then.
So when do I need to file an AR-11 form, by 05.15.2009 (10 days after my lease starts) OR 05.26.2009 (10 days after which I am physically in the new apartment)?
IMO you need to fill AR11 only once you vacate your old apartment. If you want file AR11 earlier, you can do it. Since you own(rent) both apartments till 05.16.2009 you can retain your old address till 05.16.2009 and file AR11 before 05.26.2009.
After filing AR11, call USCIS customer service to verify the address change. (Don't misuse infopass for such basic stuff).
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CRAZYMONK
10-29 08:35 AM
I think the bag flag against your employer triggered the query. There is not much you can do except providing all the documents they asked for.
It is totally their discretion to give you visa or not. Keep your fingers crossed.
All the best.
It is totally their discretion to give you visa or not. Keep your fingers crossed.
All the best.
more...
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rsrikant
07-20 10:17 AM
hi,
i can't open this link...
http://www.uscis.gov/portal/site/usc...0ecd19 0aRCRD
please give me the right link.. thanks.
i can't open this link...
http://www.uscis.gov/portal/site/usc...0ecd19 0aRCRD
please give me the right link.. thanks.
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swamy
11-03 09:51 AM
I think this has happened a lot and not sonething to worry about before December. If by then you haven't received the receipt - then call them.
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Raj_2009
12-16 03:37 PM
Hi experts,
I need some expert advice for H1B transfer case and vacation plan.
Background:
I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.
Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.
Legal opinion
But my attorney says that
1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.
Questions:
But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.
I have few below questions regarding the situation that I have. Kindly answer my questions..
1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?
3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.
Kindly provide your honest opinions so that I can take my decision for my future.
Thanks,
Raj
I need some expert advice for H1B transfer case and vacation plan.
Background:
I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.
Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.
Legal opinion
But my attorney says that
1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.
Questions:
But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.
I have few below questions regarding the situation that I have. Kindly answer my questions..
1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?
3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.
Kindly provide your honest opinions so that I can take my decision for my future.
Thanks,
Raj
bang
08-19 09:16 AM
Dear Friend
Look at my signature, my case is very similar to yours, (PD Nov 2002). I guess DOL has messed up few cases during that time (Dallas). My labor application was also closed in 2005 due to non response. I had found out by sending an email to the BEC and they had replied with a screen shot.
How did it get resolved - Everything has to be done by your lawyers, they have to send the proof of reply for 45 day letter ( Fedex / ups etc dated back then) only then DOL will reopen you case, once they reopen a desicion will be made very soon. Work with you lawyer OR your company , he / she is the only person who can get you back on track. I guess is your lawyer has messed up for sure, try your company represenative to help you in this matter, because they are the only people who can talk to DOL
Bang
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
Look at my signature, my case is very similar to yours, (PD Nov 2002). I guess DOL has messed up few cases during that time (Dallas). My labor application was also closed in 2005 due to non response. I had found out by sending an email to the BEC and they had replied with a screen shot.
How did it get resolved - Everything has to be done by your lawyers, they have to send the proof of reply for 45 day letter ( Fedex / ups etc dated back then) only then DOL will reopen you case, once they reopen a desicion will be made very soon. Work with you lawyer OR your company , he / she is the only person who can get you back on track. I guess is your lawyer has messed up for sure, try your company represenative to help you in this matter, because they are the only people who can talk to DOL
Bang
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
krustycat
10-30 10:00 AM
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