immigrationvoice1
10-08 10:29 PM
Answer to question 1: Yes you can, but make sure that at least on paper the job responsibilities remain the same as the job for which your present employer sponsored your GC. The designation can be anything.
Answer to question 2: USCIS is not very clear on the percentage increase/decrease in salary that a person should draw in a new job from the job which sponsored the GC. However, it says, that there should not be a huge disparity between the two. Looking at the figures that you provided, it looks like a huge disparity. I am pretty sure that the "bonus" in your first job was not accounted for in the salary which was mentioned in the LC by your sponsor. Even if they did, the difference seems to be huge. If it is possible, ask the BIG employer to offer you the same amount of 65K as salary and the rest as "bonus".
Hi All
I will ask you in a specific manner .Will you guys help me?
1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?
2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
Can I accept the 'offer' based on the above points and use my EAD?
Or is it a violation of AOS rules?
Appreciate if you throw light on this specific case
Regards
Hi Tech Coolie
Answer to question 2: USCIS is not very clear on the percentage increase/decrease in salary that a person should draw in a new job from the job which sponsored the GC. However, it says, that there should not be a huge disparity between the two. Looking at the figures that you provided, it looks like a huge disparity. I am pretty sure that the "bonus" in your first job was not accounted for in the salary which was mentioned in the LC by your sponsor. Even if they did, the difference seems to be huge. If it is possible, ask the BIG employer to offer you the same amount of 65K as salary and the rest as "bonus".
Hi All
I will ask you in a specific manner .Will you guys help me?
1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?
2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
Can I accept the 'offer' based on the above points and use my EAD?
Or is it a violation of AOS rules?
Appreciate if you throw light on this specific case
Regards
Hi Tech Coolie
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Prashant
07-03 12:07 PM
Any modifications u guys recommend to the title of this post (Example including july 10 as the day) ??
Gandhigiri to DOS (July 10)
Gandhigiri to DOS (July 10)
unitednations
03-07 04:41 PM
Hey UN, with your experience, are you seeing a pattern of denials, etc happening to non bodyshopper, non consultants as well? as in, is this whole DOL/USCIS crack down across the board or is it mostly restricted to desi consultants/bodyshopers?
The situation on the ground is this:
L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.
Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.
Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.
Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.
I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.
perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.
IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.
The situation on the ground is this:
L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.
Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.
Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.
Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.
I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.
perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.
IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.
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hotammo
09-03 09:39 AM
My APs are pending approval, I was told they reimburse if we write to them. Did they reject your apps and paid you back the checks? We also got our cards this 15th, what do we need to do at the SSN office, please guide.
Thanks,
znan
No, I did not get a refund. I even got a mail for my EAD application being rejected.
If there is a process to get a refund, I would like to know it too.
But I am not too hopeful in this situation as I remember when efiling for EAD and AP, I read somewhere that the application fee is non-refundable.
At the SSN office. You fill out application for a replacement card. Option 3 on the ticket generating screen.
The SSN issuing staff know what to do after that. This goes without saying take your GC with you. Nothing else is required. They do not even look at the passport or any other form of ID. GC is the only thing needed.
FYI got the new SSN cards. They do NOT say permission required from DHS to work. In fact the card is exactly similar to the one my daughter got (she is US citizen, born here).
HTH
Thanks,
znan
No, I did not get a refund. I even got a mail for my EAD application being rejected.
If there is a process to get a refund, I would like to know it too.
But I am not too hopeful in this situation as I remember when efiling for EAD and AP, I read somewhere that the application fee is non-refundable.
At the SSN office. You fill out application for a replacement card. Option 3 on the ticket generating screen.
The SSN issuing staff know what to do after that. This goes without saying take your GC with you. Nothing else is required. They do not even look at the passport or any other form of ID. GC is the only thing needed.
FYI got the new SSN cards. They do NOT say permission required from DHS to work. In fact the card is exactly similar to the one my daughter got (she is US citizen, born here).
HTH
more...
abracadabra102
12-17 12:01 PM
"To be without some of the things you want is an indispensable part of happiness."
- Bertrand Russel (Conquest of Happiness)
Sounds counterintuitive but probably true.
- Bertrand Russel (Conquest of Happiness)
Sounds counterintuitive but probably true.
nc14
05-23 08:54 AM
Just emailed my State Senators (OH) and also the 10 Senators listed by Core Team.
If it helps, below are the Contact Form for all 10 common Seantors listed by Core Team.
Also the advise by a fellow member of using Google Autofill was awesome.
Patrick J. Leahy http://leahy.senate.gov/contact.html
Arlen Specter http://specter.senate.gov/index.cfm?FuseAction=ContactInfo.Home
Chuck Hagel http://hagel.senate.gov/index.cfm?FuseAction=Contact.Home
Diane Feinstein http://www.feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe
John Cornyn http://cornyn.senate.gov/index.asp?f=contact&lid=1#contact
Harry Reid http://reid.senate.gov/contact/email_form.cfm
Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
Mel Martinez http://martinez.senate.gov/public/index.cfm?FuseAction=ContactInformation.ContactFor m&CFID=22272398&CFTOKEN=66357958
Trent Lott http://lott.senate.gov/index.cfm?FuseAction=Contact.Email
Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform
GO IV GO..
.................................................. ..........................
$100+$20 recurring + $100 (Yesterday)
If it helps, below are the Contact Form for all 10 common Seantors listed by Core Team.
Also the advise by a fellow member of using Google Autofill was awesome.
Patrick J. Leahy http://leahy.senate.gov/contact.html
Arlen Specter http://specter.senate.gov/index.cfm?FuseAction=ContactInfo.Home
Chuck Hagel http://hagel.senate.gov/index.cfm?FuseAction=Contact.Home
Diane Feinstein http://www.feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe
John Cornyn http://cornyn.senate.gov/index.asp?f=contact&lid=1#contact
Harry Reid http://reid.senate.gov/contact/email_form.cfm
Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
Mel Martinez http://martinez.senate.gov/public/index.cfm?FuseAction=ContactInformation.ContactFor m&CFID=22272398&CFTOKEN=66357958
Trent Lott http://lott.senate.gov/index.cfm?FuseAction=Contact.Email
Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform
GO IV GO..
.................................................. ..........................
$100+$20 recurring + $100 (Yesterday)
more...
viper1400
02-11 06:54 PM
IV,
I know you don't want us to use paypal - but I think that might be delaying lot of contributions.
Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.
Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.
I know you don't want us to use paypal - but I think that might be delaying lot of contributions.
Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.
Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.
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sunofeast_gc
07-08 08:29 PM
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
macaca, This is really good point
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
macaca, This is really good point
more...
english_august
07-09 05:39 PM
That is all the more better, spare real flowers from dying at USCIS doorsteps.:D
Which is fine but the order by ground shipping will probably reach a week later.
Which is fine but the order by ground shipping will probably reach a week later.
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alias
08-18 02:59 PM
No with love and logic... By the way check your PM. Let me know if I am guessing it right about who u are?
I don't check my PMs, post your questions here on the board.
I don't check my PMs, post your questions here on the board.
more...
anzerraja
07-20 12:26 AM
Thanks !!!
You are the 320 guys group. You know what i mean :)
$200 from me.
You are the 320 guys group. You know what i mean :)
$200 from me.
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franklin
06-17 09:33 PM
I am waiting ..
ditto
ditto
more...
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gk_2000
11-18 01:25 PM
I also suggest partnering up with Reform Immigration For America as they have large numbers of supporters as well. I urge core IV members to contact them as time is short for us
.. confirming that I have sent the faxes for myself and for whole family
.. confirming that I have sent the faxes for myself and for whole family
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dicarol18
08-13 02:48 PM
Mine is Eb 3..was sent to Nebraska, got there July 2, signed by R. Michaels at 9 am...Transfered to Texas,Received July 6...They sent me the Notice of Action for my 140 but I don't know anything else and I also sent at the same time 485-765 for my whole family...
more...
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lutherpraveen
10-02 02:38 PM
I took a printout of the receiver's signature image and the tracking information from the Fedex website just in case.
My attorney also mentioned that he submitted my case to the NSC liaison (I think he is referring to the AILA liaison of the NSC center) for follow up to see if they can help confirm the status of my application.
I'll keep you posted on the progress.
I am just trying to make list of people stuck on July 3rd at 9:03 received by R.William. Appears that our box is lost.
Here is the information I got of people(July 3rd) still waiting
If there are more plz...added it to list
-----list-------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
My attorney also mentioned that he submitted my case to the NSC liaison (I think he is referring to the AILA liaison of the NSC center) for follow up to see if they can help confirm the status of my application.
I'll keep you posted on the progress.
I am just trying to make list of people stuck on July 3rd at 9:03 received by R.William. Appears that our box is lost.
Here is the information I got of people(July 3rd) still waiting
If there are more plz...added it to list
-----list-------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
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a_yaja
06-26 03:49 PM
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
more...
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jguharaman
11-21 09:20 AM
Mehul
This was the most shocking thread I've read.
Please read this...
http://www.divyayoga.com/pranayamRevolution.htm
I recently personally heard of a person who was cured from a chronic cancer because of Pranayama.
I'm passing you the email of the instructor who I know in Bangalore through a private message to you
This was the most shocking thread I've read.
Please read this...
http://www.divyayoga.com/pranayamRevolution.htm
I recently personally heard of a person who was cured from a chronic cancer because of Pranayama.
I'm passing you the email of the instructor who I know in Bangalore through a private message to you
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sam_hoosier
12-16 06:45 PM
if you see life as a series of choices and actions, then the lack of GC inhibits a lot of choices and actions.
Absolutely agree :) However, keep in mind that if one door is closed because of not getting/delay in getting GC, there are other options too.
A good example is EAD & AC21 for people who do not want to stagnate in their careers. Now you might say that using AC21/EAD has risks, but then remember the old adage "no risk, no gain".
If we expect life to hand us everything on a silver platter, and get depressed if that does not happen we just ruin our happiness & peace of mind.
Absolutely agree :) However, keep in mind that if one door is closed because of not getting/delay in getting GC, there are other options too.
A good example is EAD & AC21 for people who do not want to stagnate in their careers. Now you might say that using AC21/EAD has risks, but then remember the old adage "no risk, no gain".
If we expect life to hand us everything on a silver platter, and get depressed if that does not happen we just ruin our happiness & peace of mind.
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minimalist
01-31 01:17 PM
nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?
Ideally your employer should rescind your offer and buy you a ticket back home.
But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.
Is it illegal? Yes. But there is a risk for the people involved.
Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.
Minimalist.. to begin with, I am not here to judge you or anyone else and I don't think sledge ever had those intentions. Hence, please don't take any of the comments personally.
The original post by nehas was a question to which almost everyone, including sledge responded, trying to help her. The common answer was that she (not he) needs to switch back to H4 as she is already out of status. My orignal post very clearly indecates the reasons why I believe Neha is already out of status. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395
After I answered Neha's question, which I know is the correct answer, I asked her a simple question i.e. is it ethical to apply for H1 visa when a person does not have a job offer, especially when the entire legal immigrant community knows that for last few years due to the visa cap it is very hard to obtain a new H1 even if you have a valid job offer.
I totally agree with you that no one on the face of this earth is a pure saint but ours (legal immigrants) is a small hardworking community, which most often understand each others pains, and that's the reason this forum exist.
Now, I ask you in the most humble way, what would you have done if your would-be employer had sponsored the visa but due to the lottery your application was never even selected for processing. To top that you learn from all over the world that companies like Wipro, Satyam and desi body shops applied for H1's, which they probably won't even use. Don't get me wrong.. I am a proud Indian and proud what these companies have archived..
Ideally your employer should rescind your offer and buy you a ticket back home.
But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.
Is it illegal? Yes. But there is a risk for the people involved.
Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.
Minimalist.. to begin with, I am not here to judge you or anyone else and I don't think sledge ever had those intentions. Hence, please don't take any of the comments personally.
The original post by nehas was a question to which almost everyone, including sledge responded, trying to help her. The common answer was that she (not he) needs to switch back to H4 as she is already out of status. My orignal post very clearly indecates the reasons why I believe Neha is already out of status. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395
After I answered Neha's question, which I know is the correct answer, I asked her a simple question i.e. is it ethical to apply for H1 visa when a person does not have a job offer, especially when the entire legal immigrant community knows that for last few years due to the visa cap it is very hard to obtain a new H1 even if you have a valid job offer.
I totally agree with you that no one on the face of this earth is a pure saint but ours (legal immigrants) is a small hardworking community, which most often understand each others pains, and that's the reason this forum exist.
Now, I ask you in the most humble way, what would you have done if your would-be employer had sponsored the visa but due to the lottery your application was never even selected for processing. To top that you learn from all over the world that companies like Wipro, Satyam and desi body shops applied for H1's, which they probably won't even use. Don't get me wrong.. I am a proud Indian and proud what these companies have archived..
iam4u4ever
08-04 06:48 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
hi, what are the requirements of self employment ?
thanks
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
hi, what are the requirements of self employment ?
thanks
gomirage
06-25 03:30 PM
Do we have any other choice than waiting to start all over (another 2 to 3 years ?)
http://www.ocregister.com/ocregister/news/atoz/article_1192606.php
http://www.ocregister.com/ocregister/news/atoz/article_1192606.php
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