amsgc
05-07 10:12 PM
I wish the USCIS took this out as a requirement for AC21. Then life would be sweet!
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
eatpavbhaji
04-22 02:20 PM
I lost my major young life on green card (around 9 years) and I can just am pray that my labor will be used only for myself and not others.
LABOR SUBSTITUTION SHOULD BE ELIMINTED RIGHT AWAY.
ALL OF THEM WHO USED OTHER'S LABOR SHOULD BE INVESTIGATED COMPLETELY AND SHOULD BE GIVEN VISA NUMBERS LAST.
LABOR SHOULD BE ALLOWED TO CONTINUE FROM COMPANY TO COMPANY OTHERWISE COMPANY CAN PURPOSEFULLY FIRE EMPLOYEE TO GIVE OR SELL LABOR TO OTHERS.
Below comments have gone to comments for elimination of labor substitution.
TOP 10 reason to support rule to eliminate labor substitution.
1> So many years, labor applications were misused completely. Many Companies were filing fake labor and were using for anyone elsewith lower educated, lower experience people who wanted GC within 6 months instead of normal 4 to 6 years. It is like stealing someone's pocket.
2> One was waiting for years hoping his labor will get approved and after his labor was approved, company used for another person demonstrating complete exploitation of system.
3> Many company started selling labor applications as key business
4> Many companies were giving too less salary indicating that if employee joins with minimum salary and if they sign 6 years of bond then company will use USA's approved labor for anyone.
5> Most of the companies started asking money from employee. So if employee is saving $6000 per year, they have to work for free for entire year if they want GC.
6> Why one need to substitute labor when they can file new labor for new person anyway.
7> Companies started threatening employees that if employee don't do what they say, they will use his/her labor for other and he will loose all 2 or 3 years of labor approval. Why not...it was legal to take labor back and use it like playing cards!!
8> Everyone knew that they can buy approved labor and get their GC in few months and original owner will loose years.
9> Who is going to audit whos labor was used how ? Nobody in past from government asked or audited as how come one's GC came so fast and others with better capabilities/education took 5 times. Nobody in past from government asked or audited as if employee was important then why company never filed labor for him and all of sudden used pre-approved labor to have that employee.
10> Companies used to stock labor applications like grocery (actually like
gold...can buy/sell anytime !)...after all labor application is cheap and shortcut to save 2 to 3 years and sell in blackmarket.
LABOR SUBSTITUTION SHOULD BE ELIMINTED RIGHT AWAY.
ALL OF THEM WHO USED OTHER'S LABOR SHOULD BE INVESTIGATED COMPLETELY AND SHOULD BE GIVEN VISA NUMBERS LAST.
LABOR SHOULD BE ALLOWED TO CONTINUE FROM COMPANY TO COMPANY OTHERWISE COMPANY CAN PURPOSEFULLY FIRE EMPLOYEE TO GIVE OR SELL LABOR TO OTHERS.
Below comments have gone to comments for elimination of labor substitution.
TOP 10 reason to support rule to eliminate labor substitution.
1> So many years, labor applications were misused completely. Many Companies were filing fake labor and were using for anyone elsewith lower educated, lower experience people who wanted GC within 6 months instead of normal 4 to 6 years. It is like stealing someone's pocket.
2> One was waiting for years hoping his labor will get approved and after his labor was approved, company used for another person demonstrating complete exploitation of system.
3> Many company started selling labor applications as key business
4> Many companies were giving too less salary indicating that if employee joins with minimum salary and if they sign 6 years of bond then company will use USA's approved labor for anyone.
5> Most of the companies started asking money from employee. So if employee is saving $6000 per year, they have to work for free for entire year if they want GC.
6> Why one need to substitute labor when they can file new labor for new person anyway.
7> Companies started threatening employees that if employee don't do what they say, they will use his/her labor for other and he will loose all 2 or 3 years of labor approval. Why not...it was legal to take labor back and use it like playing cards!!
8> Everyone knew that they can buy approved labor and get their GC in few months and original owner will loose years.
9> Who is going to audit whos labor was used how ? Nobody in past from government asked or audited as how come one's GC came so fast and others with better capabilities/education took 5 times. Nobody in past from government asked or audited as if employee was important then why company never filed labor for him and all of sudden used pre-approved labor to have that employee.
10> Companies used to stock labor applications like grocery (actually like
gold...can buy/sell anytime !)...after all labor application is cheap and shortcut to save 2 to 3 years and sell in blackmarket.
black_logs
04-13 10:00 AM
But before you send it you make sure you do not want the labor substitution to stay. The AILA draft supports labor substitution.
Here you go, you can use this as a draft and keep the relevant parts of the comments or adjust accordingly : http://capwiz.com/aila2/issues/alert/?alertid=8652851
Here you go, you can use this as a draft and keep the relevant parts of the comments or adjust accordingly : http://capwiz.com/aila2/issues/alert/?alertid=8652851
hopefulgc
05-12 05:51 PM
Absolutely
the only requirement is if we can strictly follow what has been mentioned in the post.
Its like this .. would we be ready to drop $1000 or $2000 to get GC years earlier?
i think the answer in my case is yes.
the only requirement is if we can strictly follow what has been mentioned in the post.
Its like this .. would we be ready to drop $1000 or $2000 to get GC years earlier?
i think the answer in my case is yes.
more...
siravi
11-14 09:35 PM
What you say folks?????????????????^^^^^^^^^^^^^^ Bump ^^^^^^^^^^^^^^
...and one way to become active if you "have already joined the state chapter"!
...and one way to become active if you "have already joined the state chapter"!
lecter
March 15th, 2004, 12:24 AM
Lecter,
So we can conclude that resolution and focus are a little shakey?
Gayr
resolution lower than a cockroaches left testicle and more shakey than a sneezing 99 year old geriatric having a seisure.....
So we can conclude that resolution and focus are a little shakey?
Gayr
resolution lower than a cockroaches left testicle and more shakey than a sneezing 99 year old geriatric having a seisure.....
more...
eb3_nepa
07-12 04:49 PM
The FBI name check is a bottleneck agreed. BUTTT It has NOTHING to do with the recent VB fiasco!
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
joydiptac
04-22 07:35 PM
well.. my attorney says.. i can be on LOP for 3-4 weeks..at the most..so i may have to change to H4..
If the company gives a letter of avaliablity of the job..will that be binding?
i.e. should i work for that firm..after getting a GC..
I know 2 cases where the filer was on LOP for more than six months (atleast in one case):
Case 1: The guy went for his MBA
Case 2: A colleague whose GC was being processed in one of my previous companies way back in 2001. He got laid off. was on LOP. But the guy kept attending office and working for free. Then he got really lucky he was absorbed back.
In fact some companies like IBM let you go on sabbatical. Meaning you can do whatever you please for a year then come back. It is legal.
I suggest you get a second opinion from another lawyer before wasting a LOP.
Also your second question I am not 100% sure. Then anything is possible if the company wants to support you. Cause GC can be for a future job offer. I heard of someone who applied for US GC consular processing while working in Singapore on the basis of a open job offer here. He got the GC but never came to US.
Anyhow, all the best. I could not log in earlier because of some weird login errors, otherwise would have answered before.
If the company gives a letter of avaliablity of the job..will that be binding?
i.e. should i work for that firm..after getting a GC..
I know 2 cases where the filer was on LOP for more than six months (atleast in one case):
Case 1: The guy went for his MBA
Case 2: A colleague whose GC was being processed in one of my previous companies way back in 2001. He got laid off. was on LOP. But the guy kept attending office and working for free. Then he got really lucky he was absorbed back.
In fact some companies like IBM let you go on sabbatical. Meaning you can do whatever you please for a year then come back. It is legal.
I suggest you get a second opinion from another lawyer before wasting a LOP.
Also your second question I am not 100% sure. Then anything is possible if the company wants to support you. Cause GC can be for a future job offer. I heard of someone who applied for US GC consular processing while working in Singapore on the basis of a open job offer here. He got the GC but never came to US.
Anyhow, all the best. I could not log in earlier because of some weird login errors, otherwise would have answered before.
more...
webpromo
03-24 12:37 AM
I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported
kabeer_g
01-12 12:17 PM
This is absolutely illegal. Never never do this.
So can you please suggest what do I do in this case. Only other option I can think of is telling the New Delhi consulate that I will be back in country in April and can submit my passport then.
I am hoping leaving India and entering US on Advance Parole was fine. It is not like my H1B had been denied. They needed additional documentation (medical report), which I submitted. After that they told me it would take them 2-3 weeks to process additional information. Since I did not have that much time, I left the country.
So can you please suggest what do I do in this case. Only other option I can think of is telling the New Delhi consulate that I will be back in country in April and can submit my passport then.
I am hoping leaving India and entering US on Advance Parole was fine. It is not like my H1B had been denied. They needed additional documentation (medical report), which I submitted. After that they told me it would take them 2-3 weeks to process additional information. Since I did not have that much time, I left the country.
more...
kishdam
03-19 12:16 PM
I-140 withdrawal is not mandatory but it's good for both - employer and employee.
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
reddog
01-31 12:31 AM
YOu will have to wait till your PD gets current.
more...
larryking
10-22 06:55 PM
485Mbe4001 thanks for your reply. If you look at visa bulletin - Priority date for EB 3 is 1 Aug 2002. So from your reply, I gather, that they would look at processing all the applications they have on file from 2002 upto 2007 for "Latvia". And only if they end up with some visa numbers remaining due to lack of applicants, will those number be transferred to other countries.... Right??
chanduv23
12-04 04:12 PM
in BBC
http://news.bbc.co.uk/2/hi/south_asia/7766139.stm
http://news.bbc.co.uk/2/hi/south_asia/7766139.stm
more...
arbhaat
10-08 08:06 PM
I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
franklin
07-13 08:38 PM
how many ppl are gonna be there? It must be very hot wearing a suit.
We don't really know at this point. It could be 150, it could be 1000!
It's pretty exciting!
Based on today's weather in SF, it'll be a scorcher tomorrow in SJ
We don't really know at this point. It could be 150, it could be 1000!
It's pretty exciting!
Based on today's weather in SF, it'll be a scorcher tomorrow in SJ
more...
funny
09-16 02:54 PM
Keep those phone lines busy..
gc_kaavaali
12-10 02:53 PM
Please consider contributing IV...IV need your help to resolve our immigration problems.
http://immigrationvoice.org/forum/showthread.php?t=15905
http://immigrationvoice.org/forum/showthread.php?t=15905
monkeyman
09-27 10:45 AM
Is there anyway we can help the family featured in this thread? Like helping them with funds to hire a good lawyer or something on those lines? Reading all the threads, I am somehow thinking of going for the Indian dream now (Yes, I have the Indian citizenship)!!! 6 years and my wife still does not know if she can live in this country or not!!!
CADude
11-20 11:53 PM
I sent too..
message sent to CBS60 minutes...
message sent to CBS60 minutes...
NKR
09-22 10:34 AM
Thanks NolaIndian. Looking at your profile I think I am being impatient. You deserve your GC before me, but I hope I get mine the very next day you get yours :). I am not far behind.
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