stemcell
02-11 11:55 AM
MOE
Please 'no more posts' and 'GOODBY' :D
Please 'no more posts' and 'GOODBY' :D
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chanduv23
03-04 11:04 AM
Dear IV Lawyers,
First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.
We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.
i - 9 form clearly says that one cannot discriminate against EAD.
At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.
My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.
My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.
Your suggestions and comments are appreciated.
First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.
We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.
i - 9 form clearly says that one cannot discriminate against EAD.
At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.
My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.
My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.
Your suggestions and comments are appreciated.
bigboy007
06-03 01:57 AM
This came up to my mind : In senate there was voting on whether to bring immigration bill or not on to table , voting is around 60+ - 30+ , now these 30+ are sure they are going to reject it atleast with 90% confidence. we need to target the remaining 60 more compared to 30 who are already against to senate bill. This is very imp i dont know how to gather those details any help please ?
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himu73
12-08 10:37 AM
I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post
more...
nozerd
09-07 09:54 AM
Yes ofcourse, if I was at the end of GC road I wouldnt go in the first place.
I was questioning this since I wanted to know if it was legaly allowed, since I wouldnt actually be working and earning in the US.
If this is truly allowed and my company lawyer agrees then it would truly make my life easier.
Thanks
I was questioning this since I wanted to know if it was legaly allowed, since I wouldnt actually be working and earning in the US.
If this is truly allowed and my company lawyer agrees then it would truly make my life easier.
Thanks
GCHope2011
03-23 09:45 AM
smuggymba,
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
You risk of being barred from entry is very real as you have accumulated more than 180 days of illegal presence in the US.
Your lawyer is right - and although there are some chances that some people are not barred, such info is mostly anecdotal and should not be used as a basis for making definitive plans.
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
You risk of being barred from entry is very real as you have accumulated more than 180 days of illegal presence in the US.
Your lawyer is right - and although there are some chances that some people are not barred, such info is mostly anecdotal and should not be used as a basis for making definitive plans.
more...
tabletpc
07-30 09:13 AM
Sad to know about u r situation and hope u will get out of it soon.
Remember when a emplyee losses job ts the responsibility of the emplyoer to report to USCICS to cancel the H1B for that employee. Just wondering if u r employer has/not reported to USCICS. Talk to them and try to get some time until u can transfer u r h1b....!!!!
As of porting....yes you can port PD once u r i-140 is approved. Is u r I-140 approved..??if its pending..u could be at risk if u get RFE and u r employer don't respond on time. Then you can't have n approved i-140 so will not be able to port PD. However if u have approved i-140 then , all u need to do in new job is get PERM done and use the earlier PD.
You can port PD from Eb3 to any employment category.
Did i answer u r queries...???
Good luck
Remember when a emplyee losses job ts the responsibility of the emplyoer to report to USCICS to cancel the H1B for that employee. Just wondering if u r employer has/not reported to USCICS. Talk to them and try to get some time until u can transfer u r h1b....!!!!
As of porting....yes you can port PD once u r i-140 is approved. Is u r I-140 approved..??if its pending..u could be at risk if u get RFE and u r employer don't respond on time. Then you can't have n approved i-140 so will not be able to port PD. However if u have approved i-140 then , all u need to do in new job is get PERM done and use the earlier PD.
You can port PD from Eb3 to any employment category.
Did i answer u r queries...???
Good luck
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Dhundhun
06-02 12:44 AM
good point... is the employer supposed to share the labor information with us?
Yes. One need to know, how LCA for GC was filed for at least two things:
-- Job Profile
-- Salary
Employer should let employee know it.
The reason they employers to hide is that if known, an employee may leave easily.
Yes. One need to know, how LCA for GC was filed for at least two things:
-- Job Profile
-- Salary
Employer should let employee know it.
The reason they employers to hide is that if known, an employee may leave easily.
more...
WeShallOvercome
08-03 12:19 PM
Hopefully we will get them soon! Keeping fingers crossed! Just imagine the wait times for AP, EAD and eventually GC. Just forget about it!
At this time the guys who are seeking company are those who got their checks cleared, you have 99% of july population with you , if that gives you some comfort.
At this time the guys who are seeking company are those who got their checks cleared, you have 99% of july population with you , if that gives you some comfort.
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raju6855
02-02 09:33 AM
Thx for your reply.
But this wasn't told to me (us) by my company's hr, I guess I got to check that advise for second opinion.
But this wasn't told to me (us) by my company's hr, I guess I got to check that advise for second opinion.
more...
gnutin
06-10 02:36 PM
Thanks for your immediate response, gnutin and thomachan72.
Mr.gnutin,
Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.
As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario
1. If my labor from my previous employer (A) is approved (which in my case)
2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)
Thanks and Regards,
H1B transfer has nothing to do with your Labor or I-140 approval. The "transfer" is really like a new H1B application and will be treated as such. The I-140 approval comes into play only if you are past 6 years of your H1B, which you are not.
Mr.gnutin,
Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.
As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario
1. If my labor from my previous employer (A) is approved (which in my case)
2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)
Thanks and Regards,
H1B transfer has nothing to do with your Labor or I-140 approval. The "transfer" is really like a new H1B application and will be treated as such. The I-140 approval comes into play only if you are past 6 years of your H1B, which you are not.
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vishwak
08-13 10:51 AM
History:
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
more...
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Circus123
01-09 03:43 PM
"I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."
EB3 quota is like a spoon of rice from a bag of basmati :))
EB3 quota is like a spoon of rice from a bag of basmati :))
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micofrost
07-16 02:59 PM
Hi,
My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare
Please let me know if PCC is must from US consulate only
Admin :
This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?
My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare
Please let me know if PCC is must from US consulate only
Admin :
This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?
more...
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buehler
07-06 10:03 AM
I thought that Kaiser was only for Western States. Is it there for other places also?
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monkeyman
10-08 11:36 AM
can you please make sure that some one can add spouse once the PD is current after the GC got approved and if some one is married before I-485 approval
If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).
If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).
more...
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imm_pro
11-16 11:20 PM
my company went thru a round of layoffs and the lawyer made me wait for 6 months before filing for labor at that time....but the ad process was in progress during this time..
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TheColonial
04-27 01:35 AM
SDL is not really that confusing at all.
I never said it was. What I am saying is that it's off topic considering what he wants to achieve.
And he will have to learn it at one time or another, and why limit a program to one OS.
He will? Why?
DirectX/OpenGL can be used in a windowed environment
Again, that's got nothing to do with the desire to learn Win32.
so even if you just want to do Win32 stuff DirectX can enhance it.
And so can using the WPF in .NET, but how does that help with learning Win32?
I never said it was. What I am saying is that it's off topic considering what he wants to achieve.
And he will have to learn it at one time or another, and why limit a program to one OS.
He will? Why?
DirectX/OpenGL can be used in a windowed environment
Again, that's got nothing to do with the desire to learn Win32.
so even if you just want to do Win32 stuff DirectX can enhance it.
And so can using the WPF in .NET, but how does that help with learning Win32?
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saps
07-09 12:09 PM
I think the exams do expire. Just carry the copy of your old medical tests to the doctor and you might not need to take the vaccination shots again as most of them are valid for long period. But your wife will have to retake the TB and other tests. Just take the RFE with you to the doctor's office.
shirish
02-23 02:21 PM
This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.
The status of I-140 application may be important. Out of state tution may depend on the state.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
The status of I-140 application may be important. Out of state tution may depend on the state.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
sriwaitingforgc
07-23 10:49 AM
Are we supposed to get every year?? did ur friend apply EAD renewal online ?
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