permfiling
12-10 01:03 AM
My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
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hopefulgc
12-08 01:58 PM
my cousin (think immi.com handle gcapnekbohi ) got his masters 1.5 years ago from university of phoenix .. through online program.
Soon after he tried to interfile his eb3 app for eb2 and he is currently appealing his NOID... reason 'inequality of credit weights from online masters since they are not transferable'.
Anybody know of anyone who has successfully gotten through to eb2 using an online masters? please pm me..thanks in advance.
You should qualify for EB2. It doesn't matter even if it's online.
Soon after he tried to interfile his eb3 app for eb2 and he is currently appealing his NOID... reason 'inequality of credit weights from online masters since they are not transferable'.
Anybody know of anyone who has successfully gotten through to eb2 using an online masters? please pm me..thanks in advance.
You should qualify for EB2. It doesn't matter even if it's online.
ItIsNotFunny
05-14 06:00 AM
__________All Other________ China _________ India __________ Mexico _______ Phillipines
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
Woke up too late! :)
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
Woke up too late! :)
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saro28
11-07 05:52 AM
agc2005: I am sending in the card and new photos along with the application today to TSC. According to USCIS Service rep, I don't need to attach the fees. Now I need to find the address where to send.
more...
sertasheep
03-16 11:14 AM
The only easy options I see for US educated physicians (of Indian origin) are either the Middle East(where , you can get jobs after min 2+ years of US work experience, not just residency) or back in India.
- Neither Australia or UK recognize US medical education(ironic, isn't it!!!), requiring an arduous recertification process. Not worth it, IMHO.
- Canada claims that the process is simple, but Note that this is not that simple and rosy- jobs aren't that easy to get in Canada.Do a google search for "foreign doctors in Canada". Also, don't go by what migration/immigration agents tell you.
- I have heard of "exchange programs" (you work for a couple of years) in New Zealand or Australia, but you can't settle down there, unless a non-physician spouse is already a permanent resident or citizen
If something has changed in the recent past, or I am wrong, I'd like to hear more.
Here's an email trail from 2003. You can probably talk or contact the organization given below.
>>I hope this can help clarify your situation as concerns your wife's
>>future employment in Canada. If she will be graduating from an
>>accredited medical college in he United States, she will have
>>substantially less difficulty obtaining her license to practice medicine
>>in Canada.
>>
>>She will have to complete the qualifying examinations that are
>>administered by the Medical Council of Canada. There are two of these
>>exams. Information about these exams can be found at http://www.mcc.ca.
>>She should not have to worry about being subjected to the international
>>medical graduate programs since American schools have their degrees
>>recognized by the licensing bodies in Canada.
>>
>>If you would like to speak to me directly please feel free to contact me
>>at the numbers below.
>>
>>Regards,
>>
>>Scott Butler
>>Member Relations/Project Manager
>>Association of International Physicians and Surgeons of Ontario (AIPSO)
>>2 Carlton Street, Suite 1004
>>Toronto, ON M5B 1J3
>>
>>Phone: (416) 979-8611 x 4301
>>Fax: (416) 979-9853
>>Email: membershipaipso@cassa.on.ca
>>Web: http://www.aipso.ca
- Neither Australia or UK recognize US medical education(ironic, isn't it!!!), requiring an arduous recertification process. Not worth it, IMHO.
- Canada claims that the process is simple, but Note that this is not that simple and rosy- jobs aren't that easy to get in Canada.Do a google search for "foreign doctors in Canada". Also, don't go by what migration/immigration agents tell you.
- I have heard of "exchange programs" (you work for a couple of years) in New Zealand or Australia, but you can't settle down there, unless a non-physician spouse is already a permanent resident or citizen
If something has changed in the recent past, or I am wrong, I'd like to hear more.
Here's an email trail from 2003. You can probably talk or contact the organization given below.
>>I hope this can help clarify your situation as concerns your wife's
>>future employment in Canada. If she will be graduating from an
>>accredited medical college in he United States, she will have
>>substantially less difficulty obtaining her license to practice medicine
>>in Canada.
>>
>>She will have to complete the qualifying examinations that are
>>administered by the Medical Council of Canada. There are two of these
>>exams. Information about these exams can be found at http://www.mcc.ca.
>>She should not have to worry about being subjected to the international
>>medical graduate programs since American schools have their degrees
>>recognized by the licensing bodies in Canada.
>>
>>If you would like to speak to me directly please feel free to contact me
>>at the numbers below.
>>
>>Regards,
>>
>>Scott Butler
>>Member Relations/Project Manager
>>Association of International Physicians and Surgeons of Ontario (AIPSO)
>>2 Carlton Street, Suite 1004
>>Toronto, ON M5B 1J3
>>
>>Phone: (416) 979-8611 x 4301
>>Fax: (416) 979-9853
>>Email: membershipaipso@cassa.on.ca
>>Web: http://www.aipso.ca
rajuram
11-08 11:54 PM
According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
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chanduv23
02-17 09:32 PM
We need to do something to make him change his mind or at least soften his stand. It should not be anything sarcastic. I think flower campaign will have element of being sarcastic or even being critical.
It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
This can be followed by something like letter campaign on the lines of admin fix campaign.
It has been tried, they are not open to talk
It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
This can be followed by something like letter campaign on the lines of admin fix campaign.
It has been tried, they are not open to talk
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vin13
09-30 10:34 AM
I also have soft LUD on 09/26 and 09/29...But the online status still shows status pending and transferred to the office.
Is ur case in NSC too.
Is ur case in NSC too.
more...
HalfDog
03-11 03:26 PM
Gonna have one up tonight or tomorrow (I bet you'll can't wait)
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GCisLottery
11-02 10:35 AM
Folks,
Please don't give wrong information so authoritatively :)
Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.
If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.
Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).
Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
Please don't give wrong information so authoritatively :)
Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.
If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.
Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).
Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
more...
Lasantha
01-31 02:16 PM
I am no expert but I think you are OK because of this phrase in your Labor.
Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
I think the people who have problems with 3 year degrees do not have that clause in the LC. As long as you say suitable combination of Education , training or expeirence in lieu of stated requirements you should be fine.
But it won't hurt to get a good Credential Evaluation. Try Sheila Danzig at http://www.degreepeople.com
Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
I think the people who have problems with 3 year degrees do not have that clause in the LC. As long as you say suitable combination of Education , training or expeirence in lieu of stated requirements you should be fine.
But it won't hurt to get a good Credential Evaluation. Try Sheila Danzig at http://www.degreepeople.com
Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
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kaisersose
06-02 01:32 PM
Isnt all that in picture only when you are travelling outside ?
Nope...she is out of status if you lose your H-1b. At any point of time, inside the US, she has to have a valid status. It can be H-4, H-4 extension pending or AOS. If she is not in any of the three, then she is accrueing unlawful presence.
Nope...she is out of status if you lose your H-1b. At any point of time, inside the US, she has to have a valid status. It can be H-4, H-4 extension pending or AOS. If she is not in any of the three, then she is accrueing unlawful presence.
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ash27
06-07 12:32 AM
Thanks Chandu! Reasons to relocate are family and weather. At this point, I've a decent job in Chicago. Do you think this may be the right time to relocate to an Atlanta area given the economic climate....Also, how r the overall job prospects..
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tulips
10-15 03:00 PM
Hello,
Sorry to be posting here but how do I start a new post?
Here is my situation:
My husband started GC and our PD is nov 2006. I 140 approved. I am on H1 B. Now, my husband decided to move out of country for studies. So, our application is abandoned right? We have not received any RFEs so can he still apply for AP? Otherwise, how else can he visit USA...H4? Can he still get H4? If yes can it be applied from any US embassy? What all documents are needed? OR should he just try tourist visa now?
Thank you!
Sorry to be posting here but how do I start a new post?
Here is my situation:
My husband started GC and our PD is nov 2006. I 140 approved. I am on H1 B. Now, my husband decided to move out of country for studies. So, our application is abandoned right? We have not received any RFEs so can he still apply for AP? Otherwise, how else can he visit USA...H4? Can he still get H4? If yes can it be applied from any US embassy? What all documents are needed? OR should he just try tourist visa now?
Thank you!
more...
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GCKaMaara
11-26 03:14 PM
there was nothing to be so touchy in those two lines of mine!
He he he. Remember your first year after birth and follow the same practice (you didn't speak during that time :)).
He he he. Remember your first year after birth and follow the same practice (you didn't speak during that time :)).
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BimmerFAn
07-20 02:12 PM
Hi Gkaplan,
Unfortunately, as far as I know the only way your husband can apply for your waiver independently is in the event of a divorce from or death of a J-1 Principal. Other than that, he can not apply for his own waiver independently of you. However, that said, you could always apply for a waiver. It does not have to be in the form of a No Objection Letter from your country. I heard the process for IGA waivers is substantially easier. Even though there are only a few IGA's that have official J-1 waiver channels, just about any IGA can apply for your behalf, so in reality you have a very big pool to chose from. You just have to find a few in you relevant field of study and convince them that your work here will benefit their mission.
You can apply for any change of status as soon as an H1-B a favorable recommendation is granted. You do not have to wait for the final USCIS waiver. You just have to make sure whatever center is processing you knows that you have this waiver waiting at the Vermond Service Center, VSC. The Department of State only sends these recommendations to the VSC. In fact, you can apply for an H1-B visa without the waiver if you select to have it processed ouside of the country at a consulate. Later, you can supplant the waiver in your application when you go interview with the consul.
I am not an attorney and don't claim to have any extensive knowledge of immigration law outside of my own personal experiences, so please do not take my suggestions to be 100% accurate. I would recommend you go speak with a good attorney.. By that I don't mean someone you looked up in the yellow pages or via an internet ad. You need to speak with someone from preferably a big immigration firm who will have J-1 Waiver experience and be able to handle your case properly. Big firms have research assistants who make less than minimum wage and just look up case law and different cases. Ultimately, big firms are far more useful and can offer real advice. That i definately know from my own personal experiences.
Best of luck!
Unfortunately, as far as I know the only way your husband can apply for your waiver independently is in the event of a divorce from or death of a J-1 Principal. Other than that, he can not apply for his own waiver independently of you. However, that said, you could always apply for a waiver. It does not have to be in the form of a No Objection Letter from your country. I heard the process for IGA waivers is substantially easier. Even though there are only a few IGA's that have official J-1 waiver channels, just about any IGA can apply for your behalf, so in reality you have a very big pool to chose from. You just have to find a few in you relevant field of study and convince them that your work here will benefit their mission.
You can apply for any change of status as soon as an H1-B a favorable recommendation is granted. You do not have to wait for the final USCIS waiver. You just have to make sure whatever center is processing you knows that you have this waiver waiting at the Vermond Service Center, VSC. The Department of State only sends these recommendations to the VSC. In fact, you can apply for an H1-B visa without the waiver if you select to have it processed ouside of the country at a consulate. Later, you can supplant the waiver in your application when you go interview with the consul.
I am not an attorney and don't claim to have any extensive knowledge of immigration law outside of my own personal experiences, so please do not take my suggestions to be 100% accurate. I would recommend you go speak with a good attorney.. By that I don't mean someone you looked up in the yellow pages or via an internet ad. You need to speak with someone from preferably a big immigration firm who will have J-1 Waiver experience and be able to handle your case properly. Big firms have research assistants who make less than minimum wage and just look up case law and different cases. Ultimately, big firms are far more useful and can offer real advice. That i definately know from my own personal experiences.
Best of luck!
more...
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bala50
12-12 06:02 PM
You don't need receipt notice. Valid AP and Passport should do.
Welcome to IV . Which state are you from. Please consider joining your state chapter.
Hi!
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
Welcome to IV . Which state are you from. Please consider joining your state chapter.
Hi!
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
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paskal
08-27 01:50 PM
Please be good enough to join your state chapter
We need all members' help if we are to succeeed.
I hope to see you in DC, but there is much to do even before!
We need all members' help if we are to succeeed.
I hope to see you in DC, but there is much to do even before!
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anilsal
01-25 02:26 PM
should be an easy task for folks who live in the east bay to show up at the Fremont station and pass handouts.
If you cannot do this much, then it is .....
If you cannot do this much, then it is .....
smartboy75
05-01 01:11 PM
I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Hey Vikramaditya
Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.
But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.
Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.
All the best.
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Hey Vikramaditya
Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.
But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.
Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.
All the best.
chanduv23
07-11 02:42 PM
My EAD and AP application was received June 19, 2009 at TSC. To my pleasant shocking & surprise USCIS approved mine and wife's application in 20 days and we received the card today.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
My EAD and AP were receipted on June 9th from TSC. AP got approved, EAD still pending. So I guess these approvals are random.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
My EAD and AP were receipted on June 9th from TSC. AP got approved, EAD still pending. So I guess these approvals are random.
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