unitednations
12-11 01:39 PM
Sorry Guys for asking question which is not relevant here but I see Unitednations reading the thread so can't stop myself..SO here it goes
I filed 485 in July with approved I 140 (approved in June), In October my company got acquired by another bigger company. I became employee of new company in November.
Do I need to do anything?
How USCIS will interpret this case? Will it be considered as change of company before 90 days.
UN Please advise
there is a memo; i think from 2001 which discusses successor in interest for h-1b and greencard cases.
uscis position is different for h-1b and greencard. For h-1b; new company only needs to show that it is taking on "immigration liabilities" and thus it won't be considered a change of employer.
for greencard cases; "substantially all assets and liabilities" have to be acquired by the successor entity. This is a little difficult in most merger cases because the new entity doesn't want to bring any hidden liabilities into the new company and the agreements generally do not accomodate to take on all liabilities.
USCIS position is that if 485 isn't pending for more then 180 days then petitioner should amend the 140 even if it is approved to include the new entity information. Do people do this; not really; only big companies generally do this because they will have other people filing 140's with new company but using old company labor and it will allow uscis insight that a merger happened and they may go into the old companies 140's on their own.
I doubt you would have access to the merger documents for you to make an intelligent decision in which way to proceed.
I filed 485 in July with approved I 140 (approved in June), In October my company got acquired by another bigger company. I became employee of new company in November.
Do I need to do anything?
How USCIS will interpret this case? Will it be considered as change of company before 90 days.
UN Please advise
there is a memo; i think from 2001 which discusses successor in interest for h-1b and greencard cases.
uscis position is different for h-1b and greencard. For h-1b; new company only needs to show that it is taking on "immigration liabilities" and thus it won't be considered a change of employer.
for greencard cases; "substantially all assets and liabilities" have to be acquired by the successor entity. This is a little difficult in most merger cases because the new entity doesn't want to bring any hidden liabilities into the new company and the agreements generally do not accomodate to take on all liabilities.
USCIS position is that if 485 isn't pending for more then 180 days then petitioner should amend the 140 even if it is approved to include the new entity information. Do people do this; not really; only big companies generally do this because they will have other people filing 140's with new company but using old company labor and it will allow uscis insight that a merger happened and they may go into the old companies 140's on their own.
I doubt you would have access to the merger documents for you to make an intelligent decision in which way to proceed.
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Mr. Brown
02-24 02:07 PM
Not sure what you mean but a difference of opinion doesn't make one an "elite member". Updated the post to be more specific.
1. The post is not about you until you are also the elite member.
2. Who are 'we' here...if you are participating you wouldnt get offended...otherwise you are not part of the 'We'.
Chill out.
1. The post is not about you until you are also the elite member.
2. Who are 'we' here...if you are participating you wouldnt get offended...otherwise you are not part of the 'We'.
Chill out.
anurakt
09-20 04:48 PM
After contributing , I have also added myself to the pledge. Come on IVians let's fight once for our cause..... All the time in this Country we have been controlled either by employer or our hesitancy, for once break your shakles and come out for a cause... 10$ per month is nothing when compared to what we might have to suffer all the years.....
Let's take our life in our own control...Till when are we going make adjustments to the rules.....Let's change the rules once and ask it to adjust to us.....
Let's take our life in our own control...Till when are we going make adjustments to the rules.....Let's change the rules once and ask it to adjust to us.....
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cleo76
01-13 12:05 PM
I dont have donor access either and i know my paypal contribution is still active as i recently got the receipt a few days ago as well. How or who can rectify this as this is the second time this has happened in the recent few months.
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bestia
12-11 01:30 AM
Just a thought. So if the company would itself withdraw 140 after 180 days and after a person invoked AC21, then USCIS wouldn't look into I-140 (what's the reason revoking withdrawn I-140?). Wouldn't that work? If this works isn't it better for us to ask our previous employers to withdraw the damn thing and reduce our risks?
Second. Can't lawyers play that card for dimpi's case? Even if 140 is revoked, 180 days passed, and the person used AC21 and it wasn't fraud, can't I-485 still be approved?
good luck, dimpi.
Second. Can't lawyers play that card for dimpi's case? Even if 140 is revoked, 180 days passed, and the person used AC21 and it wasn't fraud, can't I-485 still be approved?
good luck, dimpi.
admin
03-20 05:06 PM
The massive usage of ac21 numbers happend in 2005 only, though the numbers were available since 2001. From 2001 to 2004 they did not touch ac21 numbers. In 2005 DOS constantly advised in every bulliton that EB2 for India/China retrogress, in future. This means that they sensed the demand for EB2 in 2005 only (and there were lot of numbers available for EB2), still they issued all the numbers to EB3. If the retrogression in EB2 severe, to an extend that that they need to roll back the cutoff dates to 1999 (oct 2005 visa bulliton), why they issued to EB3. It is very clear violation of (y)our interpreatation. DOS is a monapoly in visa control, despite the intension of the law is otherway.
Ramba,
In the years before 2005, the labor certification was so slow that that they did not have enough number of applicants to even fill up that particular year's quota. So they did not see a need to use the AC21 leftovers. Also it is possible that the effect of the increase in the H1-Bs for the years 2000 onwards was slowly beginnig to affect the Green Card consumption.
Ramba,
In the years before 2005, the labor certification was so slow that that they did not have enough number of applicants to even fill up that particular year's quota. So they did not see a need to use the AC21 leftovers. Also it is possible that the effect of the increase in the H1-Bs for the years 2000 onwards was slowly beginnig to affect the Green Card consumption.
more...
dan19
04-26 02:50 PM
i think yours is a 4-year degree. since you completed your diploma, the university waived an year of study.
isn't it same like students in US taking courses in community colleges and transferring it to the university that grants them the degree. the university is not granting them a 3-yr BS because part of it was completed elsewhere.
universities like cochin university in india accept students to their evening btech courses if students have a diploma. but in the end they are awarded the same btech degree as the regular daytime students.
so my opinion is to get a letter from your university stating that yours is a 4-yr degree. i don't think the university will ever issue a letter stating that yours is a 3-yr program.
another way of approaching this issue is to check if you have satisfied the number of credits required for the degree.
in your case, obviously you have. if i am not wrong, a BS student in US can complete his course in 2 or 3 years or less if he has completed all the required credits. still the degree awarded to him is a 4-yr degree.
disclaimer: (....................)
I have a 3 years Engineering diploma plus a 3 year Engineering bachelor degree. We were given an advance standing in B.Tech (4 years for people with 10+2) and we completed it in 3 years. So it is 10+3+3 = 16 years of education. (I am from India)
My Attorney thinks this might be a problem at NSC at I140 in EB2 because of a 3 year degree. But it (B.Tech) is in fact a 4 year degree, and we were allowed to finish in 3 years. After 1 st year we attend the classes with 3rd year students of 4 year program. Take same courses and same tests.
How can I convince my Attorney and TSC that it is equivalent to a 4 year BTech degree in India and equivalent to US bachelor degree ?
I guess confusion arises from the fact that NSC does not recognize a 3 year BSc+ PG diploma from NIIT as equivalent to US BS degree.
Edit : My education evaluation was done by TrustForte. Are there any other evaluators that are more familiar with Indian Education system and also trusted by USCIS ?
isn't it same like students in US taking courses in community colleges and transferring it to the university that grants them the degree. the university is not granting them a 3-yr BS because part of it was completed elsewhere.
universities like cochin university in india accept students to their evening btech courses if students have a diploma. but in the end they are awarded the same btech degree as the regular daytime students.
so my opinion is to get a letter from your university stating that yours is a 4-yr degree. i don't think the university will ever issue a letter stating that yours is a 3-yr program.
another way of approaching this issue is to check if you have satisfied the number of credits required for the degree.
in your case, obviously you have. if i am not wrong, a BS student in US can complete his course in 2 or 3 years or less if he has completed all the required credits. still the degree awarded to him is a 4-yr degree.
disclaimer: (....................)
I have a 3 years Engineering diploma plus a 3 year Engineering bachelor degree. We were given an advance standing in B.Tech (4 years for people with 10+2) and we completed it in 3 years. So it is 10+3+3 = 16 years of education. (I am from India)
My Attorney thinks this might be a problem at NSC at I140 in EB2 because of a 3 year degree. But it (B.Tech) is in fact a 4 year degree, and we were allowed to finish in 3 years. After 1 st year we attend the classes with 3rd year students of 4 year program. Take same courses and same tests.
How can I convince my Attorney and TSC that it is equivalent to a 4 year BTech degree in India and equivalent to US bachelor degree ?
I guess confusion arises from the fact that NSC does not recognize a 3 year BSc+ PG diploma from NIIT as equivalent to US BS degree.
Edit : My education evaluation was done by TrustForte. Are there any other evaluators that are more familiar with Indian Education system and also trusted by USCIS ?
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Unsung_Hero
01-07 03:38 PM
Sorry to hear about the problems that you had to endure at the POE. What the IO said was clearly wrong, and she had no right to put you on a watch list or threaten to endanger your Green Card.
But how did the IO come to know that you'd been on H1 till 3 days before you left the US?
For someone on 485-pending status, all that they need to provide the IO is their 485 receipt (or a copy of the same) and their AP document along with the passport. Nothing more and nothing less, unless they ask for something extra. If we voluntarily provide anymore information or documents right away even before they ask, we're just asking for trouble. They will comb through everything and try to find something wrong. The more documents we provide, the more chances they have for coming up with some dubious charge.
I guess she might have found out about the visa expiry through the H1-B visa stamp on your passport. If so, it's not really your fault.
But in general IMHO, it is better to provide only what is needed.
But how did the IO come to know that you'd been on H1 till 3 days before you left the US?
For someone on 485-pending status, all that they need to provide the IO is their 485 receipt (or a copy of the same) and their AP document along with the passport. Nothing more and nothing less, unless they ask for something extra. If we voluntarily provide anymore information or documents right away even before they ask, we're just asking for trouble. They will comb through everything and try to find something wrong. The more documents we provide, the more chances they have for coming up with some dubious charge.
I guess she might have found out about the visa expiry through the H1-B visa stamp on your passport. If so, it's not really your fault.
But in general IMHO, it is better to provide only what is needed.
more...
Legal
06-13 07:41 PM
Originally Posted by chanduv23
Sorry for this pestering attitude but I have to be in India in the last week of August only for a week - so what would be a good time to file for 485 to make sure my travel is smooth?
Does the bulletin say dates will remain current till september?
You wouldn't have imagined it yesterday...talk to your attorney...
File I-485 and think about anything else afterwards...are you kidding?? you never know what these guys will do.
Sorry for this pestering attitude but I have to be in India in the last week of August only for a week - so what would be a good time to file for 485 to make sure my travel is smooth?
Does the bulletin say dates will remain current till september?
You wouldn't have imagined it yesterday...talk to your attorney...
File I-485 and think about anything else afterwards...are you kidding?? you never know what these guys will do.
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anjans
07-15 03:34 PM
I know two friends and here is their story (quite typical)
1. "A" came in 1999 as H1, accordingly to company (company was in NY) policy applied for regular labor in 2000 EB3 category, went to labor backlog, applied for perm in 2005, went retrogession in 2005. Basically he is still in line.
2. "B" came on January 2004 as H1 for a company in Delware. Everything was current (labor was processing in 1 month for RIR) and got the GC by October 2004.
Is Priority Date fair?
this is a extreme corner case to generalise. I have been eligible for EB2 since 1999...call it luck , i still dont have GC
1. "A" came in 1999 as H1, accordingly to company (company was in NY) policy applied for regular labor in 2000 EB3 category, went to labor backlog, applied for perm in 2005, went retrogession in 2005. Basically he is still in line.
2. "B" came on January 2004 as H1 for a company in Delware. Everything was current (labor was processing in 1 month for RIR) and got the GC by October 2004.
Is Priority Date fair?
this is a extreme corner case to generalise. I have been eligible for EB2 since 1999...call it luck , i still dont have GC
more...
mbartosik
01-31 04:25 PM
I noticed that Sen Gilbert said there were many "cards" these were cards from people asking to give oral testimony, and they were out of time for hearing everyone.
So why did IV get to testify, with two people....?
Most likely because we had been working on this since at least 23rd, and were the only ones to provide written testimony to the committee clerk before the meeting (as of end of business yesterday).
This is still an up hill battle.
I'm looking forward to speaking with WalkingDude.
So why did IV get to testify, with two people....?
Most likely because we had been working on this since at least 23rd, and were the only ones to provide written testimony to the committee clerk before the meeting (as of end of business yesterday).
This is still an up hill battle.
I'm looking forward to speaking with WalkingDude.
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desi3933
07-01 04:44 PM
hmmm... sorry my bad. I did not made it clear to understand. When I said amended return, I meant didn't have to pay tax. I did all these process using help of a CPA. He showed my (TDS) account, but since the tax was already deducted by bank (my parents send me bank's letter) I did not have to again pay tax on that.
However, I did have to pay tax in case of account with no TDS.
hope it is clear now.
I know what you mean.
Usually the tax is higher in India for TDS than US 1040, so one gets extra credit, since foreign tax paid is higher.
.
However, I did have to pay tax in case of account with no TDS.
hope it is clear now.
I know what you mean.
Usually the tax is higher in India for TDS than US 1040, so one gets extra credit, since foreign tax paid is higher.
.
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Saikrishna
07-26 02:53 PM
Please refrain your statement - Dont make assumption what people say here!!!
IV core team is your trained pet dog, you call USCIS every day hear bullshit from them and then expect them to comment on bullshit you write here.
IV core team is your trained pet dog, you call USCIS every day hear bullshit from them and then expect them to comment on bullshit you write here.
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aadimanav
07-24 03:11 PM
Who (and how) do I contact to get access to Donor Forum.
I just contributed .
receipt id. 0652-7438-9402-9244
Thanks,
I just contributed .
receipt id. 0652-7438-9402-9244
Thanks,
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stucklabor
03-20 04:59 PM
As the past experience suggests, the situation will not be clear until USCIS/DOS decides what the law means. It really does not matter much what the lawyers think right now. So we should take the conservative attitude here and lobby Sen. Frist to drop the provision or try to get clearer wording.
That is the exact approach we are taking.
That is the exact approach we are taking.
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gc_dedo
09-09 07:13 PM
Came to US in 99
Applied Labor 2004 EB3
Applied Labor 2004 EB3
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n_2006
06-19 03:02 PM
Generally how much is the lawyer fee fir 485 filling?
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eb3apr2003
05-12 06:08 PM
April...:(
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breddy2000
07-30 02:28 PM
Called all of them....Took the messages.
Sakthisagar
08-10 01:19 PM
It was just a question. There was no need to be derisive.
That was just an answer, dont take it personally, the present day situatin in our country India and its ministries and minister and the Gov. etc. I thought about that for a minute. no hurt feelings here.
That was just an answer, dont take it personally, the present day situatin in our country India and its ministries and minister and the Gov. etc. I thought about that for a minute. no hurt feelings here.
desi76
04-02 11:46 AM
Washington Dulles.
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