JUNE VISA BULLETIN PREDICTIONS...Time to tie the knot with your Greencard

Please suggest

Hi Friends, I am a silent reader of this forum. The information exchanged here is and has always been very useful.

I would like to present my case and in need of your advice. Saras76 and UnitedNataions please suggest.

1) My company (Fortune 500) applied for my green card in EB3-India with priority date 1 Oct 2001.
2) I got labor approved in July 2005 and I-140 approved in Sept 2005.
3) I couldn't apply for I-485 because of retrogression.
4) Based on approved I-140, I got 3 more years of H1B extension.
5) Now I got a very good offer from another Fortune 500 company.
6) Good salary, good position and good work. New company is ready to apply for PERM in EB2-India and transfer my EB3 priority date.
7) I'm afraid that my current company may revoke my I-140 after I leave.
8) That said, my current company is going through some changes: work is not good and salary is OK etc.
9) But I won't be laid off. I am safe in the current company.
10) Recent news in Murthy.com says that visa number movement is expected for EB3-India in coming months.

Now tell me what I should do? Should I stay in my current company or accept the offer from new company and port my EB3 PD to EB2 (which has some risk)?

How to convince my current employer not to revoke my I-140 and not to use my LC for someone else after I leave.
 
Hi,

I hope EB3 world row advance for at least 3 months.My PD is October 2003.I hope I can file this month my last petition -AOS I 485 and get my green card or at least the EAD card and Advance parol 'cos I'm going to Canada before Christmas.Do you think that I 'll have that chance to get all this documents not to say the Green card for 6 months?

Regards keep the faith and never give up!
 
How to convince my current employer not to revoke my I-140 and not to use my LC for someone else after I leave.
Same case here but Company A (original sponsor) are my friends. So they wont revoke the i-140 (I am not working for them but they keep sponsoring me until I can switch invoking ac21)
You can stay until they file i-485 and wait 6 months an then invoke ac21 for new job
 
I believe that dates for EB3 india are going to move atleast 2 month that is beyond June 2001 in the next(June) visa bulletin. As per my recent inquiry(today) with USCIS, a very nice customer service agent mentioned that everything is completed for myself and I am kind of month away from getting my priority date current, which is June 2001. When I asked further he declined to comment further on the movement in priority dates, but did mentioned that I am a month away from that.

Nothing that one should rely on this, but it might happen.:)
 
Hi Friends, I am a silent reader of this forum. The information exchanged here is and has always been very useful.

I would like to present my case and in need of your advice. Saras76 and UnitedNataions please suggest.

1) My company (Fortune 500) applied for my green card in EB3-India with priority date 1 Oct 2001.
2) I got labor approved in July 2005 and I-140 approved in Sept 2005.
3) I couldn't apply for I-485 because of retrogression.
4) Based on approved I-140, I got 3 more years of H1B extension.
5) Now I got a very good offer from another Fortune 500 company.
6) Good salary, good position and good work. New company is ready to apply for PERM in EB2-India and transfer my EB3 priority date.
7) I'm afraid that my current company may revoke my I-140 after I leave.
8) That said, my current company is going through some changes: work is not good and salary is OK etc.
9) But I won't be laid off. I am safe in the current company.
10) Recent news in Murthy.com says that visa number movement is expected for EB3-India in coming months.

Now tell me what I should do? Should I stay in my current company or accept the offer from new company and port my EB3 PD to EB2 (which has some risk)?

How to convince my current employer not to revoke my I-140 and not to use my LC for someone else after I leave.

You are better off waiting. You PD of Oct 2001 will become current soon.
 
ROW will always be ahead ..

If india moves (eb3) 1 month, what does that mean for row?

CarolVA,

ROW will always be ahead of India. There is a 7% cap on India and it will stay till ROW becomes current. So in that sense India EB3 movement is dependent on how things work out in ROW. ROWs movement has nothing to do with India movement.

cheers,

saras
 
Saras: you are right but if he waits he can invoke ac21 and wont have to start over from scratch (LC and another 1-140).
MALABOR: have them file i-485, wait 6 moths (it will take longer than that trust me ) and switch employers with EAD and invoke ac21
 
Sorry about that ...

Saras: you are right but if he waits he can invoke ac21 and wont have to start over from scratch (LC and another 1-140).
MALABOR: have them file i-485, wait 6 moths (it will take longer than that trust me ) and switch employers with EAD and invoke ac21

CarolVA,

You are absolutely right. I completely missed the part that this person has not filed his 485. My response was based on the assumption that his 485 has been filed.

gc4long,

Since you have not filed your 485, please wait it out. Six months after you file your 485 you can safely invoke AC-21 as others have rightly suggested.

cheers,

saras
 
Last edited by a moderator:
AC21 is just best option, because USCIS only needs an employment offer (permanent employment that is) and not ALL the process again (It is hard enough once!!!!!!!!!!!!!!!!)
 
Thank you CarolVA and Saras76 for your input.

I am assuming:
1) EB2 dates are moving faster compared to EB3
2) We are not sure whether my EB3 PD (1 Oct 2001) will be current any time soon

For above reasons, I thought, it is better to port my PD to EB2 and apply for I-485 as soon as PD is ported.
In this case there is no need to wait for EB3 dates to move to my PD. EB2 dates already crossed my EB3 PD (1 Oct 2001).
 
Last edited by a moderator:
hmmm

Hi Friends, I am a silent reader of this forum. The information exchanged here is and has always been very useful.

I would like to present my case and in need of your advice. Saras76 and UnitedNataions please suggest.

1) My company (Fortune 500) applied for my green card in EB3-India with priority date 1 Oct 2001.
2) I got labor approved in July 2005 and I-140 approved in Sept 2005.
3) I couldn't apply for I-485 because of retrogression.
4) Based on approved I-140, I got 3 more years of H1B extension.
5) Now I got a very good offer from another Fortune 500 company.
6) Good salary, good position and good work. New company is ready to apply for PERM in EB2-India and transfer my EB3 priority date.
7) I'm afraid that my current company may revoke my I-140 after I leave.
8) That said, my current company is going through some changes: work is not good and salary is OK etc.
9) But I won't be laid off. I am safe in the current company.
10) Recent news in Murthy.com says that visa number movement is expected for EB3-India in coming months.

Now tell me what I should do? Should I stay in my current company or accept the offer from new company and port my EB3 PD to EB2 (which has some risk)?

How to convince my current employer not to revoke my I-140 and not to use my LC for someone else after I leave.

It all depends how good you can convince your current employer (who is sponsoring your GC) or can trust them. You can always join a new employer by transferring your H1 as long as your current employer assure you that THEY DO NOT REVOKE your labor/140 and they will give you a letter of intent to continue with your GC process at the time you file your 485. The letter of intent should state that they will have a job offer for you once 485 is approved. If they do revoke your 140 or do not give you letter of intent, you will have to start over. Once your 485 is applied and pending for more than 6 months, you will be risk free and work for whoever you would want to. Now, you need to carefully weigh your options/risk involved and make a decision. Good luck with whatever you decide.
 
Anytime between 8th-15th

BTW, what date is the June bulletin published?

Over the past several months the bulletins have been released between the 8th and 15th of the month. Lately they have been released the Friday right before to the 15th of the month.

cheers,

saras
 
It all depends how good you can convince your current employer (who is sponsoring your GC) or can trust them. You can always join a new employer by transferring your H1 as long as your current employer assure you that THEY DO NOT REVOKE your labor/140 and they will give you a letter of intent to continue with your GC process at the time you file your 485. The letter of intent should state that they will have a job offer for you once 485 is approved. If they do revoke your 140 or do not give you letter of intent, you will have to start over. Once your 485 is applied and pending for more than 6 months, you will be risk free and work for whoever you would want to. Now, you need to carefully weigh your options/risk involved and make a decision. Good luck with whatever you decide.


Is it true that "old" employer should not cancel the I-140 even after I get new I-140 approve from new company ?
 
Interesting question?

Hi,

I want to know what are my chances to sue my employer for not paying me the money I have according my papers. My working visa papers states that I'll be paid 65 000 annually but in reality I'm paid 22 000!!!! If somebody knows for legal practice on that matter I'll be greatly appreciative!!!! or has been in similar situation.

Thank you.
 
Hi,

I want to know what are my chances to sue my employer for not paying me the money I have according my papers. My working visa papers states that I'll be paid 65 000 annually but in reality I'm paid 22 000!!!! If somebody knows for legal practice on that matter I'll be greatly appreciative!!!! or has been in similar situation.

Thank you.

There is not much that you can do in US .... It is very sad truth but nobody goes to prison for not paying money other people. Your chances are very minimal especially if your company doesn't have valuable assets or they are registered for another company. It is even worse if your employer can file bankruptcy anytime.

If to hire attorney and file lawsuite, you have to pay thousands with low chances to win. The judge will say yes your employer must pay, but if you get money depends on the situation/condition of your employer

First of all you can go to local DOL office and tell them your story, they accept your written complain, then in a month or so they will call your employer to resolve it, if it does not help they arrange conference between you, their representative and your employer. If nothing works they can file lawsuite, but again it depends if you get money or not (see above).

Your employer can be seriously grounded up to be imprisoned only he does not pay taxes.

You can try but based on the experience of some of my friends it is very low chances to get something from your employer.
 
Last edited by a moderator:
Hi,

I want to know what are my chances to sue my employer for not paying me the money I have according my papers. My working visa papers states that I'll be paid 65 000 annually but in reality I'm paid 22 000!!!! If somebody knows for legal practice on that matter I'll be greatly appreciative!!!! or has been in similar situation.
With a discrepancy that large, it is worth suing them. Get another job so the employer has no more power over you. Then find a lawyer who will take the case on contingency (i.e. you don't pay them unless you win). You probably won't get all that you are owed, but the lawyer probably can get a settlement for at least half of what you are owed. If they're raping you like that, they're probably doing the same to other employees and don't want it all to be exposed in court. A class action suit on behalf of all H-1 employees may also be in order.
 
Top