gcformeornot
05-29 04:26 PM
For the record I do not have a problem. Employer is a very large company and I have worked in the same location for close to 10 years with a well maintained LCA history. So chill. My eyes are wide open in matters important to me.
The reason for being pissed is that these bull issues are manufactured for a commercial reason (by ) and with the express purpose to distract from the main and important goals for advocacy to solve this frustrating retrogession problem.
You on the other hand is a desperate fool on someone's illegitimate (from a moral perspective) payroll. Seriously man have some shame. BTW Are you and EASTINDIA the same person? You sound like you are.
Murthy Law Firm Attorney 6
Attorney posted May 29, 2010 12:34 PM
Call the Murthy Law Firm after the holiday weekend and get some help.
We have started to see this issue. The USCIS trying to deny I-485s due to LCA failures. The reason the LCAs aren't proper, usually, is that the employer relocated the person w/o doing a new LCA. The employee usually has no idea, since the LCA is the employer's filing and there used to be a lot less attention/awareness about LCA issues.
We have developed a number of arguments regarding this matter....including the "no fault of your own" concept and arguments regarding status violations vs LCA violations etc. This is a new development.
The reason why it is important is that it is necessary to be in status when filing the I-485. Prior status violations exceeding 180 days prior to or after filing the I-485 are grounds for I-485 denials.
It is a complicated topic. If the USCIS persists in this matter, there are going to be a lot of cases with this type of problem.
Urgent Notice of Intent to Deny I-485, LCA amendment not filed - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8951088502&r=1511058602#1511058602)
The reason for being pissed is that these bull issues are manufactured for a commercial reason (by ) and with the express purpose to distract from the main and important goals for advocacy to solve this frustrating retrogession problem.
You on the other hand is a desperate fool on someone's illegitimate (from a moral perspective) payroll. Seriously man have some shame. BTW Are you and EASTINDIA the same person? You sound like you are.
Murthy Law Firm Attorney 6
Attorney posted May 29, 2010 12:34 PM
Call the Murthy Law Firm after the holiday weekend and get some help.
We have started to see this issue. The USCIS trying to deny I-485s due to LCA failures. The reason the LCAs aren't proper, usually, is that the employer relocated the person w/o doing a new LCA. The employee usually has no idea, since the LCA is the employer's filing and there used to be a lot less attention/awareness about LCA issues.
We have developed a number of arguments regarding this matter....including the "no fault of your own" concept and arguments regarding status violations vs LCA violations etc. This is a new development.
The reason why it is important is that it is necessary to be in status when filing the I-485. Prior status violations exceeding 180 days prior to or after filing the I-485 are grounds for I-485 denials.
It is a complicated topic. If the USCIS persists in this matter, there are going to be a lot of cases with this type of problem.
Urgent Notice of Intent to Deny I-485, LCA amendment not filed - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8951088502&r=1511058602#1511058602)
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wellwisher02
03-31 05:39 PM
Hi
I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..
Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?
Thanks
kp
If you're not aiming to join a fortune 500 company, try Allied Informatics. I heard it's a good company though I have never been associated with this software consulting firm.
I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..
Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?
Thanks
kp
If you're not aiming to join a fortune 500 company, try Allied Informatics. I heard it's a good company though I have never been associated with this software consulting firm.
ravik
08-03 01:51 PM
Yes it is
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Pagal
03-18 07:40 AM
Hello,
My 2-cents:
1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)
2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)
As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.
This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.
However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)
My 2-cents:
1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)
2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)
As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.
This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.
However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)
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nimb
10-15 11:43 PM
may be not related ... but can someone explain what does this line mean ...
The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....
anyone ?
probably yes. Recently, I saw number of threads on where AC21 beneficiaries have been asked to submit 'ability to pay' documents from new employer. :(
The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....
anyone ?
probably yes. Recently, I saw number of threads on where AC21 beneficiaries have been asked to submit 'ability to pay' documents from new employer. :(
ishwarmahajan@yahoo.com
09-24 05:37 PM
I am hoping you are going to change job in the same profession. What iti means is if you are working on technical side in IT, you are going to continue on technical side no matter what your designation is. I feel that USCIS has clear guidlines on this. please refer to the link below:
http://stats.bls.gov/soc/socguide.htm
I think following information on this link could help you to make a quick decision. I addition you should consult to attorney before you make your final decision.
"Supervisors of professional and technical workers usually have a background similar to the workers they supervise, and are therefore classified with the workers they supervise. Likewise, team leaders, lead workers and supervisors of production, sales, and service workers who spend at least 20 percent of their time performing work similar to the workers they supervise are classified with the workers they supervise.
First-line managers and supervisors of production, service, and sales workers who spend more than 80 percent of their time performing supervisory activities are classified separately in the appropriate supervisor category, since their work activities are distinct from those of the workers they supervise. First-line managers are generally found in smaller establishments where they perform both supervisory and management functions, such as accounting, marketing, and personnel work."
:):):)
Thanks,
Ishwar
http://stats.bls.gov/soc/socguide.htm
I think following information on this link could help you to make a quick decision. I addition you should consult to attorney before you make your final decision.
"Supervisors of professional and technical workers usually have a background similar to the workers they supervise, and are therefore classified with the workers they supervise. Likewise, team leaders, lead workers and supervisors of production, sales, and service workers who spend at least 20 percent of their time performing work similar to the workers they supervise are classified with the workers they supervise.
First-line managers and supervisors of production, service, and sales workers who spend more than 80 percent of their time performing supervisory activities are classified separately in the appropriate supervisor category, since their work activities are distinct from those of the workers they supervise. First-line managers are generally found in smaller establishments where they perform both supervisory and management functions, such as accounting, marketing, and personnel work."
:):):)
Thanks,
Ishwar
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yabadaba
12-05 08:24 AM
the main thing goes back to what sort of a person becomes a lawyer...mostly those are people with stupid liberal arts degrees in history or sociology. then they decide to do law. if they get into a top tier school a majority of them will practice corporate or tax law....the ones that practice immigration law are from the worst tier of universities or the ones that were in the bottom end of the class. some of the lawyers practicing immigration law went to night school for their JD. they are more incompetent than any of us be it bachelors or masters degree from anywhere.
Our only defense is to learn the law and what is required. Read the document requirements of every single form provided by USCIS. Read as much as possible. remember cases like Chintakuntla vs INS so that u can show the incompetent lawyer that u know what ur talking about.
Our only defense is to learn the law and what is required. Read the document requirements of every single form provided by USCIS. Read as much as possible. remember cases like Chintakuntla vs INS so that u can show the incompetent lawyer that u know what ur talking about.
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rajnag21
08-13 05:28 PM
Texas service center
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dealsnet
01-08 03:43 PM
Every one in my family renewed the passport during the process. We didn't inform USCIS. But give latest passport info in each stage in the forms.
IVians
I applied for I-485 during in July 07 and have I-140 approved.
I renewed my passport last week, new passport number is different.
Should I inform USCIS about this change?? is there any process/form for this?
Please share experiences, I'm sure many of us must have experienced this.
IVians
I applied for I-485 during in July 07 and have I-140 approved.
I renewed my passport last week, new passport number is different.
Should I inform USCIS about this change?? is there any process/form for this?
Please share experiences, I'm sure many of us must have experienced this.
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jsb
01-27 12:53 PM
Hi,
If anybody has used a lawyer for AC21, please post the lawyer details and their cost.
Thank you.
Question is why do you need a lawyer for AC21. It does not require any action, unless USCIS asks for confirmation of same/similar job offer. In any case, if you choose to take some action, just send copy of new job offer to UCSIC (by your your new employer that they have a job for you when you get your GC). The letter should have job details same/similar to what you were sponsored for.
When lawyers want to do this, they do so only to make some money.
If anybody has used a lawyer for AC21, please post the lawyer details and their cost.
Thank you.
Question is why do you need a lawyer for AC21. It does not require any action, unless USCIS asks for confirmation of same/similar job offer. In any case, if you choose to take some action, just send copy of new job offer to UCSIC (by your your new employer that they have a job for you when you get your GC). The letter should have job details same/similar to what you were sponsored for.
When lawyers want to do this, they do so only to make some money.
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GSingh
07-13 10:44 AM
Its a good idea but make sure you guyz are comfortable. It must be hot out there.
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linuxra
07-23 03:00 PM
Are u from vision systems too...and do u know anybody got approved
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eager_immi
01-31 01:44 PM
aren't u contradicting urself?
Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.
Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.
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logiclife
12-01 04:44 PM
I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
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pgc10
02-03 12:13 PM
This is a grey area, in my opinion, some lawyers say that you should file those documents for AC21 and some say don't (just wait for RFE, if any). But I have seen people getting success and failure with either method on several other boards. Maybe it depends on how similar your new job description is to the old one and the IO.
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tomatocup
07-12 04:55 PM
It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?
Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
Who and what will be used to decide the market need? If this is like what you said, what will happen to those 7 million in the next year where market need is only 7000? Does this mean many of them will be laid off or sent back? Does USCIS hire more people during the 7 million year and lay them off in the next year? How can a system be flawless with all these uncontroble things? People have to wait in many ways to get things done in most of the country with large population. Logiclife is right that life is not fare if you want to compare.
Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
Who and what will be used to decide the market need? If this is like what you said, what will happen to those 7 million in the next year where market need is only 7000? Does this mean many of them will be laid off or sent back? Does USCIS hire more people during the 7 million year and lay them off in the next year? How can a system be flawless with all these uncontroble things? People have to wait in many ways to get things done in most of the country with large population. Logiclife is right that life is not fare if you want to compare.
more...
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GLIX
02-22 06:14 AM
it was already at july 13, 2006, now it's back at june? how could that happen?:confused:
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veni001
02-03 07:32 PM
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
CPA is certification not a degree so i don't think it can be evaluated towards a degree equivalence:confused:
CPA is certification not a degree so i don't think it can be evaluated towards a degree equivalence:confused:
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rockstart
03-11 09:43 AM
Isnt Labor & I 140 property of the employer and labor can be transferred to some one else (not allowed now but was in past) the employee comes into picture only at the 485 stage and that is when the intent should be looked into. Its a pretty complicated question so lawyer is the best person to answer.
aph0025
01-20 03:02 PM
Hi Amul,
Congratulations! Yes, it does mean your visa transfer went through. You will receive a new I797, with your current employer details on it.
Update:
I am the guy who started this thread. I was worried about not having paystubs from my previous H1B holder, and if that would affect my chances of H1B transfer with this other company I am with right now. My transfer got approved in TWO days (during mid Dec. last year). Yes, I did go through premium processing, but approval in TWO days! That was great.
Anyway, can anyone tell me where I go from here? To be precise, what is the maximum time limit to go for stamping to a visa consulate? Please advice.
Congratulations! Yes, it does mean your visa transfer went through. You will receive a new I797, with your current employer details on it.
Update:
I am the guy who started this thread. I was worried about not having paystubs from my previous H1B holder, and if that would affect my chances of H1B transfer with this other company I am with right now. My transfer got approved in TWO days (during mid Dec. last year). Yes, I did go through premium processing, but approval in TWO days! That was great.
Anyway, can anyone tell me where I go from here? To be precise, what is the maximum time limit to go for stamping to a visa consulate? Please advice.
hiralal
09-16 10:49 PM
done ..I would urge all to do the same !!
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