makemygc
08-16 09:46 AM
US Date format on your AP would create some confusion in Immigration officer at Airport in India while coming back to USA..
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
This is really funny and serious at the same time. MM/DD and DD/MM is not a problem with the India officers but with the US officers too. I had the similar problem when I went to get my driving license first time and was carrying the passport. Guy at the DMV was suspicious about my birth date since he was reading it incorrectly on my passport. I had my anxious moment that day.
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
This is really funny and serious at the same time. MM/DD and DD/MM is not a problem with the India officers but with the US officers too. I had the similar problem when I went to get my driving license first time and was carrying the passport. Guy at the DMV was suspicious about my birth date since he was reading it incorrectly on my passport. I had my anxious moment that day.
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GCNaseeb
11-15 08:52 AM
When we went for our Biometrics, all our FP Notices were misspelled. We informed the bio technician and she corrected on their system there itself.
After the FP, I see there is an LUD also. I am hoping today's infopass meeting would be fruitful. Let's hope they just certifiy my EAD and AP there itself. :)
My name was misspelt on my FP notice as well.when i went for FP couple of weeks back, they could not make the change there.I told them about the name misspelt, they informed that I have to call the 1-800 number and get it changed.
After the FP, I see there is an LUD also. I am hoping today's infopass meeting would be fruitful. Let's hope they just certifiy my EAD and AP there itself. :)
My name was misspelt on my FP notice as well.when i went for FP couple of weeks back, they could not make the change there.I told them about the name misspelt, they informed that I have to call the 1-800 number and get it changed.
sreedhar
09-07 11:42 PM
Hi Sree, which country immigration are you talking about ? :o
:D
I am talking about US Immigration...I clearly mentioned USCIS right.
Thanks..Sree
:D
I am talking about US Immigration...I clearly mentioned USCIS right.
Thanks..Sree
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chanduv23
10-15 08:02 AM
You are correct Chandu !.
My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!
People resist changes, in general, many people will be under the impression that their employers will listen to them if they tell them about the harmful effects of outsourcing and prove that it does not work, but they don't realise that management does not look at it that way. All these entrepreneurs are capable and smart and they know what they are doing.
One thing people must understand that in the modren day world, if anything is constant, that is "change". Yes, "CHANGE IS CONSTANT" and one has to adapt to changes to survive in this present day world.
Issues arise time to time, and one has to face them and be bold and must do something about it rather than crib about them.
I was layed off in my 6th year of h1b and thought this is the end of world to me. Everyone around me have all sorts of crap advices like, you must be careful with your manager, you must know how to keep your job, you must learn how to butter your bosses so that you keep job when u r in 6th year of h1b etc...... but some gurus, these are folks in immigration.com who are actually in the IV founding team did gave me a lot of encouragement. I started everything new and found out that nothing is impossible if we work towards it with hard work, faith and perserverence - which is exactly what we are trying to tell people here.
Thise who realise what needs to be done here, come forward, those who do not realise, are always resistant. This is the time everyone comes forward and show support.
If you lose your job due to outsourcing, then there is nothing much you can do about it, but to look for a new job and do something about fixing the system
My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!
People resist changes, in general, many people will be under the impression that their employers will listen to them if they tell them about the harmful effects of outsourcing and prove that it does not work, but they don't realise that management does not look at it that way. All these entrepreneurs are capable and smart and they know what they are doing.
One thing people must understand that in the modren day world, if anything is constant, that is "change". Yes, "CHANGE IS CONSTANT" and one has to adapt to changes to survive in this present day world.
Issues arise time to time, and one has to face them and be bold and must do something about it rather than crib about them.
I was layed off in my 6th year of h1b and thought this is the end of world to me. Everyone around me have all sorts of crap advices like, you must be careful with your manager, you must know how to keep your job, you must learn how to butter your bosses so that you keep job when u r in 6th year of h1b etc...... but some gurus, these are folks in immigration.com who are actually in the IV founding team did gave me a lot of encouragement. I started everything new and found out that nothing is impossible if we work towards it with hard work, faith and perserverence - which is exactly what we are trying to tell people here.
Thise who realise what needs to be done here, come forward, those who do not realise, are always resistant. This is the time everyone comes forward and show support.
If you lose your job due to outsourcing, then there is nothing much you can do about it, but to look for a new job and do something about fixing the system
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murali3000
03-04 12:09 PM
I do a short term stock trading with great profits , if you want I can share my stock picks , PM me.
eilsoe
10-03 12:43 PM
did ya...?
Hmm, must check it then....
Hmm, must check it then....
more...
lost_in_migration
05-15 08:29 AM
Not many replies from Non-Indian categories :(
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gcgonewild
02-14 12:25 PM
Since you have GC, don't bother about joining the client right now.
Take a break or vacation. Join some other vendor for sometime.
Change your home address. Don't ever take up any mail package.
NJ is not like California. You are indeed answerable, not because the non-compete is valid, but since you have signed some thing that says non-compete.
Rarely these BSs stand all the way to trial, yet they want to intimidate you, take your money and happiness.
These suckers need to be shown where they belong.
Make sure you have documents of everything. Paystubs from the day one you joined. New LCAs for all your work location and you've been paid all prevailing wages etc.
It is advisible you contact a lawyer asap. Do not waste any time.
PM me.
Take a break or vacation. Join some other vendor for sometime.
Change your home address. Don't ever take up any mail package.
NJ is not like California. You are indeed answerable, not because the non-compete is valid, but since you have signed some thing that says non-compete.
Rarely these BSs stand all the way to trial, yet they want to intimidate you, take your money and happiness.
These suckers need to be shown where they belong.
Make sure you have documents of everything. Paystubs from the day one you joined. New LCAs for all your work location and you've been paid all prevailing wages etc.
It is advisible you contact a lawyer asap. Do not waste any time.
PM me.
more...
joydiptac
05-26 01:50 PM
This is not a good advice...USCIS may have the file as active, and may approve EAD...If and when USCIS starts working on the application and issues RFE, etc., ...they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.
Thanks Saikat, for pointing out some potential pitfalls.
I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.
One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)
Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :
1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.
2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.
HTH
Thanks Saikat, for pointing out some potential pitfalls.
I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.
One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)
Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :
1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.
2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.
HTH
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gc2
09-23 11:11 AM
i am waiting for response from my lawyer in atlanta. i was wondering if people have gone through similar situation where they take a promotion with same employer or change jobs. Since AC21 leaves a lot of room for interpretation, it would be helpful to know past cases.
thanks
thanks
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chvramana
04-23 01:57 PM
I�m in EB2 and My I-140 was approved September 2008 through Employer A. My priority date is March 2008. I moved to Employer B. My old Employer A will not revoke my I-140. He is ready to hire me again, If I want to go back. I am completing 5 years in January 2011.
It would be great if I get answer the below my Question:
1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
3. which one is best choice, like staying with employer B or going back to Employer A.
Thanks for your help.
Ram
It would be great if I get answer the below my Question:
1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
3. which one is best choice, like staying with employer B or going back to Employer A.
Thanks for your help.
Ram
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Chicago Desi
08-23 01:11 PM
No, I do not have a EAD or AP. I did not apply for them. I am planning to keep extending my H1 and not get into the hassle of EAD and AP every year.
Though its your decision but having EAD and AP in my hand (whether or not to use them) would give me some hope.
Though its your decision but having EAD and AP in my hand (whether or not to use them) would give me some hope.
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venky08
07-27 02:52 PM
Related to the questions on this thread.
What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job
Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD
Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?
thanks!
the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c
What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job
Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD
Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?
thanks!
the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c
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njdude26
03-31 08:37 AM
Im on my 8th year on H1. still stuck in Labor :(
My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!
My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!
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shahsahil
04-17 12:31 AM
Hi
I am new to this group. I have a question regarding my PERM case.
MY PERM case is pending in DOL from last 10 months. I find this very
unusual.
Anybody heard about such a long pending case?
Are there any suggestion for following up on my PERM case?
Any advise will be useful.
Thanks
-Sahil.
I am new to this group. I have a question regarding my PERM case.
MY PERM case is pending in DOL from last 10 months. I find this very
unusual.
Anybody heard about such a long pending case?
Are there any suggestion for following up on my PERM case?
Any advise will be useful.
Thanks
-Sahil.
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kartikiran
05-06 03:55 PM
ganguteli,
there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.
your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.
As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.
Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(
If people really want to do something, then how about we organize a rally in DC and show up in thousands?
Then everyone will know you and you do not need to go to meetings just to show your faces and expect that someone will have mercy on us and think about us next time.
there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.
your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.
As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.
Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(
If people really want to do something, then how about we organize a rally in DC and show up in thousands?
Then everyone will know you and you do not need to go to meetings just to show your faces and expect that someone will have mercy on us and think about us next time.
more...
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americandesi
08-11 05:39 PM
That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
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willigetagc
08-17 02:32 PM
just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
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kurtz_wolfgang
08-15 01:30 PM
Probably because Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC and people are getting ahead of some one who are there in line for 6-8 years.\
I am NOT the one who gave you red. I never give anyone red even if i don't like the post..
I will just give you my "green"
Thanks SKD.....I appreciate your green.
Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC.
>> I agree with that, but it was not intended. Actually when I applied for substitute labor, I didnt know what was the importance of GC. I applied within 15 days, of my arrival in usa, since my employer asked me to (for financial purpose). I woe the day I signed the papers. My life has been (worse than hell) at the mercy of my employer. I came here temporary, thinking will enjoy life here in USA for a few years. You don't have such issues in Europe.
I am NOT the one who gave you red. I never give anyone red even if i don't like the post..
I will just give you my "green"
Thanks SKD.....I appreciate your green.
Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC.
>> I agree with that, but it was not intended. Actually when I applied for substitute labor, I didnt know what was the importance of GC. I applied within 15 days, of my arrival in usa, since my employer asked me to (for financial purpose). I woe the day I signed the papers. My life has been (worse than hell) at the mercy of my employer. I came here temporary, thinking will enjoy life here in USA for a few years. You don't have such issues in Europe.
bookmarkmaster
08-27 06:59 AM
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
Siboo
07-27 12:52 PM
If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
I did not think of this. Otherwise I would have written the date in all the forms as 01/01/1995 to make the visa number available to me...:D
You may write any day, month and year in the forms. USCIS will have the time stamp when a package was actually received.
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
I did not think of this. Otherwise I would have written the date in all the forms as 01/01/1995 to make the visa number available to me...:D
You may write any day, month and year in the forms. USCIS will have the time stamp when a package was actually received.
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