GCBy3000
04-26 02:52 PM
I work for TOP 10 and background check is very serious here after enron debacle.
We interviewed several people and offered positions. To my surprise there are huge number of people fail the stringent background check of my company. They do it through private firm I beleive. They check all the previous employment, school / college records etc etc. Scary if you commit even a small offense like drunk and drive, etc etc and it affects your career.
THE FAILED persons are all CITIZENS.
What makes you say they can not check your previous salary if you hold GC/Citizenship. This does not seem right.
Actually it depends upon company to company how much background check they do and not on your visa status.
We interviewed several people and offered positions. To my surprise there are huge number of people fail the stringent background check of my company. They do it through private firm I beleive. They check all the previous employment, school / college records etc etc. Scary if you commit even a small offense like drunk and drive, etc etc and it affects your career.
THE FAILED persons are all CITIZENS.
What makes you say they can not check your previous salary if you hold GC/Citizenship. This does not seem right.
Actually it depends upon company to company how much background check they do and not on your visa status.
ramboom1
03-28 09:20 AM
Fellow IV members,
How come the "Hard Limit" is not talked about / mentioned in any of the big websites? Shusterman.com / Aila.org et all. Is it possible to get an immigration attorney to explain this crucial issue of "Hard Limit" to IV core team ?
How come the "Hard Limit" is not talked about / mentioned in any of the big websites? Shusterman.com / Aila.org et all. Is it possible to get an immigration attorney to explain this crucial issue of "Hard Limit" to IV core team ?
myimmiv
12-17 02:06 PM
My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.
My question is that is 2 months of AP validity / cushion enough or safe to enter the US.
Any experiences from forum members about using their AP when there is 2 months or less left in the expiry of the AP document and they entered the US. Did anyone have any bad experience at POE due to near expiry of the AP. Members entered through Denver, CO POE with their experiences would be an added help.
Also, will she get a 1 year I-94 validity from the date of entry or only until her AP expires?
Thanks in advance for all your time.
My question is that is 2 months of AP validity / cushion enough or safe to enter the US.
Any experiences from forum members about using their AP when there is 2 months or less left in the expiry of the AP document and they entered the US. Did anyone have any bad experience at POE due to near expiry of the AP. Members entered through Denver, CO POE with their experiences would be an added help.
Also, will she get a 1 year I-94 validity from the date of entry or only until her AP expires?
Thanks in advance for all your time.
akilaakka
07-23 06:29 PM
If-485 is rejected should we wait till PD becomes current?
more...
wandmaker
12-17 01:49 PM
my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
a. You wait for MTR results and make a decision based on that
b. If you MTR is denied, you will have to start your GC process from scratch (labor -> 140 -> 485) because your 485 is automatically denied - so do not think of using EAD or avail AC21.
c. since you have an approved H1B till 2010, you can transfer it to new employer - ask the new employer to GC, and you will become eligible for further H1 extensions.
consult a lawyer immediately as yours is a tricky situation.
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
a. You wait for MTR results and make a decision based on that
b. If you MTR is denied, you will have to start your GC process from scratch (labor -> 140 -> 485) because your 485 is automatically denied - so do not think of using EAD or avail AC21.
c. since you have an approved H1B till 2010, you can transfer it to new employer - ask the new employer to GC, and you will become eligible for further H1 extensions.
consult a lawyer immediately as yours is a tricky situation.
abracadabra
07-06 11:13 AM
http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
more...
snathan
05-04 06:21 PM
According to your post, according to the agreement between you and company A, you need to pay $2 per hour until the project ends. Why did you stop paying after 4 months of his cut. I guess the project is still going rt. So Company A wants to make sure that project ended. Company A is right. If your project is still going, you need to pay him $2 per hour until it ends.
May I know on what basis you are recommending this. Do you have any legal basis.?
May I know on what basis you are recommending this. Do you have any legal basis.?
devan
11-17 11:15 AM
sudiptasarkar, they gave one month time to respond the RFE. Also, i got the format from my attorney and i believe you could get the affidavit sample in the .
more...
Libra
07-11 08:20 PM
:D :D :D :D
Anyway, no CONDI please, I love to send flowers to BUSH, i see him as only hope.
That ugly women need some veneers for the gaping hole on her front teeth, not flowers. :D
Anyway, no CONDI please, I love to send flowers to BUSH, i see him as only hope.
That ugly women need some veneers for the gaping hole on her front teeth, not flowers. :D
reddymjm
10-20 10:30 AM
I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
My First donation was in Jan 2006. The latest one was, 100$ for the Washington meet this year. And I had a lot more in between. This will be just on top of it. How is my GC is related to IV. I dont think I am holding anybody responsible for it.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
My First donation was in Jan 2006. The latest one was, 100$ for the Washington meet this year. And I had a lot more in between. This will be just on top of it. How is my GC is related to IV. I dont think I am holding anybody responsible for it.
more...
dval_dpal
09-20 06:18 PM
raj,
could you tell me what is your education background....i'm planning to switch to eb2 too...
your advice will be helpful.
thanks
dhaval
could you tell me what is your education background....i'm planning to switch to eb2 too...
your advice will be helpful.
thanks
dhaval
meridiani.planum
09-21 11:16 PM
Hi, I am from India and applied for GC under EB2.my priority date is 01-21-2-2007.I filed concurrently I-140 and I-485 in july 2007. got my EAD and using it.EAD is valid for one more year.I-485 is still pending. my wife have filed a case against me in India.The indian court issued non bailable arrest warrent against me. I am not going to India to attend the court proceedings.Now the proceedings and non bailable arrest warrent against me is pending in indian court since 2 years. my indian passport has impounded by ministry of external affairs, India. The interpol in india has sent extradition papers to Interpol, washington D.C. there is no red corner notice issued against me. my questions are:
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
you need to sort out this case asap. If not for the FBI namecheck, then you can also get stuck at any time with Interpol (Getting a GC is not going to avoid a deportation).
If your case is approved without an interview, you dont need the passport right there, but if called for interview you will need it.
You cant travel anywhere without that passport, and for all other proofs related to status or immigration also you need both teh passport as well as the GC.
Also, depending on what you have done, you might even already be disqualified for a GC:
Moral turpitude - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Moral_turpitude)
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
you need to sort out this case asap. If not for the FBI namecheck, then you can also get stuck at any time with Interpol (Getting a GC is not going to avoid a deportation).
If your case is approved without an interview, you dont need the passport right there, but if called for interview you will need it.
You cant travel anywhere without that passport, and for all other proofs related to status or immigration also you need both teh passport as well as the GC.
Also, depending on what you have done, you might even already be disqualified for a GC:
Moral turpitude - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Moral_turpitude)
more...
forgerator
01-30 05:47 PM
I am actually doing this right now. See my signature.
GCwaitforever
03-24 02:32 PM
Nope. Unless it has some Technology concentration.
more...
yogirajd
01-14 01:47 PM
Hello All,
Thanks for the all the suggestions and views. My I-140 was denied in oct 2007. I have appealed ( MTR) in Dec. 2007 and my I-140 has got approved in 3 weeks.
I am still not sure whether my attorney has filed appeal with EB2 or EB3 category. Is it possible. My EB2 was changes to EB3 for I-140 quesry in Oct. 2007.
Tnx all.
Thanks for the all the suggestions and views. My I-140 was denied in oct 2007. I have appealed ( MTR) in Dec. 2007 and my I-140 has got approved in 3 weeks.
I am still not sure whether my attorney has filed appeal with EB2 or EB3 category. Is it possible. My EB2 was changes to EB3 for I-140 quesry in Oct. 2007.
Tnx all.
cbpds
08-05 02:23 PM
Guys as gk_2000 said it does not apply to us
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
more...
rockstart
11-30 01:56 PM
Here is what I can advise
1) Get all the supporting documentation that you have for both cases. Example tickets/ citations, fine receipts, any other docs related to the case you can find. make sure you make photo copies of all documents
2) Get a court dispositon documents for both cases to prove that the cases are closed and fine was paid
3) Make sure you run all these documents past your immigration attorney to ensure nothing is missing. Also get in touch with your lawyers that handled the DUI & other case to see if they can help you with paperwork
4) If you are not comfortable defending you case you can take an attorney with you. That is entirely optional thing.
5) No one on this forum or immigration officer has any moral right to tell you what you did was good or bad. Its the job of courts and they have already made you pay fine. So as long as you can furnish all relevant papers that these cases are closed you are fine with your immigration process.
1) Get all the supporting documentation that you have for both cases. Example tickets/ citations, fine receipts, any other docs related to the case you can find. make sure you make photo copies of all documents
2) Get a court dispositon documents for both cases to prove that the cases are closed and fine was paid
3) Make sure you run all these documents past your immigration attorney to ensure nothing is missing. Also get in touch with your lawyers that handled the DUI & other case to see if they can help you with paperwork
4) If you are not comfortable defending you case you can take an attorney with you. That is entirely optional thing.
5) No one on this forum or immigration officer has any moral right to tell you what you did was good or bad. Its the job of courts and they have already made you pay fine. So as long as you can furnish all relevant papers that these cases are closed you are fine with your immigration process.
veni001
01-30 07:15 PM
I am actually doing this right now. See my signature.
As long as your employer document all stuff, i.e what happens to current EB3 position etc.. you should be OK, if not, even after i140 approval USCIS can come back and revoke approved i140( for fraud);)
As long as your employer document all stuff, i.e what happens to current EB3 position etc.. you should be OK, if not, even after i140 approval USCIS can come back and revoke approved i140( for fraud);)
uma001
11-05 02:02 PM
Hey found this archive of visa bulletins, if you go through one by one, then that should answer your question.
http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
(From April 2002 to Nov 2008)
And then for still older ones,
(1995 to 2001)
http://dosfan.lib.uic.edu/ERC/visa_bulletin/
Are you trying to look for a pattern to find out when it will be current again ?
Yes, Trying to figure out the pattern,. Thanks for the archives
http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
(From April 2002 to Nov 2008)
And then for still older ones,
(1995 to 2001)
http://dosfan.lib.uic.edu/ERC/visa_bulletin/
Are you trying to look for a pattern to find out when it will be current again ?
Yes, Trying to figure out the pattern,. Thanks for the archives
dilbert_cal
04-26 12:21 AM
WillGetGC2005
Alright my last understanding was wrong.
So to recap what I understand :-
You have a PD of 2002 in EB3. Have approved I-140 and pending 485.
What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.
Since you have a 485 filed, why would you want another 485 ?
Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
If you convert your case to EB2 which is current, you may have your actual GC much sooner.
Now to your question - what happens if the old employer revokes I-140.
I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.
If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)
Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )
Alright my last understanding was wrong.
So to recap what I understand :-
You have a PD of 2002 in EB3. Have approved I-140 and pending 485.
What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.
Since you have a 485 filed, why would you want another 485 ?
Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
If you convert your case to EB2 which is current, you may have your actual GC much sooner.
Now to your question - what happens if the old employer revokes I-140.
I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.
If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)
Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )
jsb
10-29 02:49 PM
The online status of your H1 petition is irrelevant when you obtain a SSN card. If the SS people are making it a problem, what they are doing is ILLEGAL. They probably lack essential training for a SS employee. They should accept the notice you show them as proof of approval. If they do not, they are supposed to accept your application for a SS card pending further verification, where they manually contact USCIS and verify your approval (through electronic SAVE, or traditional SAVE forms).
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
That is not true any more. They just accept your application pending verification. SS people are required to check in the system rather than relying your paper document. In Jan. 2003, there was a backlog for H1 data entries, and I had to wait for 3 months to get my SSN. They are not going to give you an SSN unless they can verify your case in the system they access.
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
That is not true any more. They just accept your application pending verification. SS people are required to check in the system rather than relying your paper document. In Jan. 2003, there was a backlog for H1 data entries, and I had to wait for 3 months to get my SSN. They are not going to give you an SSN unless they can verify your case in the system they access.
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