mohitb272
03-20 06:29 PM
Read the Yates memo...After 180 days of I485 pending, the employer's revocation of I140 has not effect on the GC application. But I know a few cases where this was an issue, so make sure you are armed with proof like pay stubs, employment letter et al.
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pradeep_s
12-21 02:11 PM
Janilsal,
I have a PhD, almost 4 years research experience. About 10 scientific publications.
hi miguy.........
Regarding your I-140 approval notice, if you can get your case # from your lawyer, I guess you can request for a copy of I-140 approval notice from USCIS. Try to get your case #/receipt number. In my case, I got the I-140 approval letter from USCIS. What I know is that USCIS sent a copy to your address as well as to your lawyer. Did you change your address after applying for I-140? The approval notice cannot be forwarded to a new address.
pradeep
I have a PhD, almost 4 years research experience. About 10 scientific publications.
hi miguy.........
Regarding your I-140 approval notice, if you can get your case # from your lawyer, I guess you can request for a copy of I-140 approval notice from USCIS. Try to get your case #/receipt number. In my case, I got the I-140 approval letter from USCIS. What I know is that USCIS sent a copy to your address as well as to your lawyer. Did you change your address after applying for I-140? The approval notice cannot be forwarded to a new address.
pradeep
Green.Tech
07-25 08:51 PM
No i did not do PERM i got my labor from BEC after a long two year wait and i happily kept it. I think a lot depends upon how you lawyer and employer handles it. My lawyer says even now i can change job and get promoted if job responsibilities are similar.
Good info vxg. Thanks. I am wondering though how come your job duties didn't change when you got promoted from an engineer to a manager, unless I guess you are an engineering manager and not a business development manager? Just curious. :)
Good info vxg. Thanks. I am wondering though how come your job duties didn't change when you got promoted from an engineer to a manager, unless I guess you are an engineering manager and not a business development manager? Just curious. :)
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puskeygadha
07-17 03:56 PM
They give very generic answer to clients
i dont think they care about individuals...
if they continue like this they will loose business..lots of people are
suffering
i dont think they care about individuals...
if they continue like this they will loose business..lots of people are
suffering
more...
putu99
06-16 08:39 PM
I am in a similar situation...I have been on an F1 visa for the last five years, and have just applied for my OPT. I will start work this August on my F1 OPT, and my employer was going to apply for my H1B visa shortly. However, my husband is on an H1 visa, and thanks to all the dates being current, he can now file his I-485.
I would like to know if I can apply for an H1B *after* my husband files our papers for an AOS (I-485). The reason I ask is because I am not sure how long my husband's EAD will take to arrive (I have heard that perhaps due to everything being current, EADs and Advance Parole applications might get backlogged), and I know my OPT will expire next summer. Therefore before we make any decisions about I-485 filing I need to know if I will be eligible to apply for an H1 visa when I already have an AOS application on file.
Thank you.
I would like to know if I can apply for an H1B *after* my husband files our papers for an AOS (I-485). The reason I ask is because I am not sure how long my husband's EAD will take to arrive (I have heard that perhaps due to everything being current, EADs and Advance Parole applications might get backlogged), and I know my OPT will expire next summer. Therefore before we make any decisions about I-485 filing I need to know if I will be eligible to apply for an H1 visa when I already have an AOS application on file.
Thank you.
kishdam
03-25 09:33 AM
We are most fortunate, thanks to Mr. Bill Gates, Rep Smith's current bill will triple our h1b cap and it will pass. all 3 american candidates support us. we are winning:D:D:D
Support from president was there even last year but nothing happened. For immigration key is congress and so the lobbying.
Most of key politicians recognize the need to reform immigration practices in general and skilled immigration rules in particular - but immigration is an emotional issue and congress has complicated rules for anyone who want to scuttle even a small change. Hope some bill is in the works that give us some relief without raising too much opposition.
Support from president was there even last year but nothing happened. For immigration key is congress and so the lobbying.
Most of key politicians recognize the need to reform immigration practices in general and skilled immigration rules in particular - but immigration is an emotional issue and congress has complicated rules for anyone who want to scuttle even a small change. Hope some bill is in the works that give us some relief without raising too much opposition.
more...
milind70
07-26 03:12 PM
My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
Actually speaking your wife does not require any visa after applying for AOS but your 140 is not approved so to be on the safer side please change the status to H4. I would suggest consult your attorney
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
Actually speaking your wife does not require any visa after applying for AOS but your 140 is not approved so to be on the safer side please change the status to H4. I would suggest consult your attorney
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Green.Tech
03-03 12:36 PM
Hi everyone, I am seeking some help:
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
Sounds like you are one of those fake profiles.
No answer for you. Come back 1 year! (I hope you watch Seinfeld) :)
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
Sounds like you are one of those fake profiles.
No answer for you. Come back 1 year! (I hope you watch Seinfeld) :)
more...
bharol
07-04 06:08 AM
Hi,
I have Green card. I was wondering if owning a Gun legally can have any implications in getting citizenship later.
I found that in California, where I live, it is legal for non-citizens to own a gun.
I have Green card. I was wondering if owning a Gun legally can have any implications in getting citizenship later.
I found that in California, where I live, it is legal for non-citizens to own a gun.
hair Anne @ #39;Love and Other Drugs#39;
newbie2020
06-11 06:08 AM
This would help people who have used the H1 to the sixth year, and cannot recapture days to apply extension before they can use the 365 days clause from Aiyates memo. I know few
more...
pathiren
03-29 07:56 PM
Chanduv,
I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.
I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.
Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!
HP
I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.
I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.
Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!
HP
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rajenk
10-11 01:11 PM
Consult with your current company immigration attorney and find out why your current job will not qualify for EB2.
Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.
Renewing your H1B based on the revoked I-140 would be risky.
Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.
Renewing your H1B based on the revoked I-140 would be risky.
more...
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tabletpc
12-16 10:22 AM
Don't Panic but retaliate.
Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....
After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
Suggestion: keep the employment termination letter/note/email for records for future reference.
Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....
After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
Suggestion: keep the employment termination letter/note/email for records for future reference.
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langagadu
03-29 03:53 PM
nope
more...
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absaarkhan
01-10 04:28 PM
You Can work for the same Employer On H1 even after entering US on AP.
It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
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HuaRhoda
02-03 02:14 AM
The US company who offers you the job, are the ones that apply for a H visa not you. They have to prove that you are qualified for the job they are offering you and that you are not taking a job away from an American, that your qualifications are equal or more than American qualifications, they have to pay you within a set pay scale for that job in that location.
more...
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LostInGCProcess
01-08 10:44 AM
I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.
I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.
edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.
So, Please don't over do. just give only the document that is asked for.
The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.
I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.
edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.
So, Please don't over do. just give only the document that is asked for.
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GC4US
03-23 12:21 AM
Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
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sriswam
06-28 06:33 PM
I don't think you can efile I907 for I-140. You have to file via paper. But hurry...they are suspending PP starting July 2nd for atleast a month in anticipation of huge volume of applications that will start pouring in.
www.immigration-law.com
Thanks Sunny. I am aware of the suspension. Paper-filing is not an option as the earliest the papers will reach USCIS is on Monday, July 2nd (if I were to overnight docs tomorrow). Thats why I was hoping to get the e-filing to work.
www.immigration-law.com
Thanks Sunny. I am aware of the suspension. Paper-filing is not an option as the earliest the papers will reach USCIS is on Monday, July 2nd (if I were to overnight docs tomorrow). Thats why I was hoping to get the e-filing to work.
like_watching_paint_dry
09-07 09:59 AM
I'm not sure how much help this would be. But I've noticed in the past that companies in India like Wipro et al apply for H1/L1 for their employees and keep the H1 around. And when the need arises, they send them over on short term work assignments (anywhere from 1 - 18 months).
Ideally for the purpose of meetings etc, they should be using the B visa, especially when they have not sponsored an immigrant petition. But in your case, you have an immigrant intent so I guess a H or L is the way to go. Please consult an attorney as I have no idea about what implications your Canadian pay setup will have over the 'pay prevailing wages during H1B presence' issue.
I dont know much about L1 but yours seems perfectly suited for an L1 and I believe L1 can have immigrant intent too. Any reason you cant go on to L1?
Ideally for the purpose of meetings etc, they should be using the B visa, especially when they have not sponsored an immigrant petition. But in your case, you have an immigrant intent so I guess a H or L is the way to go. Please consult an attorney as I have no idea about what implications your Canadian pay setup will have over the 'pay prevailing wages during H1B presence' issue.
I dont know much about L1 but yours seems perfectly suited for an L1 and I believe L1 can have immigrant intent too. Any reason you cant go on to L1?
gnutin
06-10 12:43 PM
Hi Gurus,
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
Premium processing would take less than 30 days. To be safe move after employer B receives the approval.
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.
5. Does the new job need to be the same title and job requirements as the old one?
For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
Premium processing would take less than 30 days. To be safe move after employer B receives the approval.
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.
5. Does the new job need to be the same title and job requirements as the old one?
For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.
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