atul555
12-14 10:57 PM
My company is surplussing me among other employees to be laid off around Apr 2009.
My case is as follows:
Case EB3 India
PD Mar 2004
Labor and I-140 approved
I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current
Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.
I am not sure which avenue is the best for me, I would appreciate your input.
Thanks,
My case is as follows:
Case EB3 India
PD Mar 2004
Labor and I-140 approved
I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current
Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.
I am not sure which avenue is the best for me, I would appreciate your input.
Thanks,
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chi_shark
03-11 11:06 AM
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...
fromnaija
11-30 11:22 AM
Hi,
My current H1 expires in Nov 2007 and I am working in the oil and gas field. I am also pursuing an MBA which will end in mid-2008. My current employers have started the PERM process and hopefully I will have an approved I-140 by mid 2007, so that I can get renewals at that time.
The question is that if I want to shift to another industry, say consulting or supply chain management, after my MBA is over, can I get a new H1 from my would-be employers? That is while I am on my current I-140 renewal with an oil and gas job description? I will have exceeded my 6yrs by then, anyway.
Any advice will be appreciated.
Thanks.
Regards.
After 140 approval, have your current employer file for 3 year H1 extension. After H1 approval, move to a new employer and then have new employer file new PERM application for your new role. If your old 140 is not cancelled by the time new employer files 140, I believe you can inherit your PD.
My current H1 expires in Nov 2007 and I am working in the oil and gas field. I am also pursuing an MBA which will end in mid-2008. My current employers have started the PERM process and hopefully I will have an approved I-140 by mid 2007, so that I can get renewals at that time.
The question is that if I want to shift to another industry, say consulting or supply chain management, after my MBA is over, can I get a new H1 from my would-be employers? That is while I am on my current I-140 renewal with an oil and gas job description? I will have exceeded my 6yrs by then, anyway.
Any advice will be appreciated.
Thanks.
Regards.
After 140 approval, have your current employer file for 3 year H1 extension. After H1 approval, move to a new employer and then have new employer file new PERM application for your new role. If your old 140 is not cancelled by the time new employer files 140, I believe you can inherit your PD.
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canmt
10-19 11:41 AM
The AC 21 does not say anything about the salary part in the Section 106(c). But it is a guideline issued by the Director to USCIS officers on how to interpret AC 21 Section 106(c).
You could find the salary details from www.flcdatacenter.com.
I hope this helps and good luck on your greencard chase.
You could find the salary details from www.flcdatacenter.com.
I hope this helps and good luck on your greencard chase.
more...
shana04
07-23 12:58 AM
Shana,
Once you take the infopass appointment, you can go to your local office (indicated on the appointment) and wait in the line/queue and ask your questions them when they call your number.
It's simple process.
Thanks
Thanks pcjandyala
Once you take the infopass appointment, you can go to your local office (indicated on the appointment) and wait in the line/queue and ask your questions them when they call your number.
It's simple process.
Thanks
Thanks pcjandyala
ImmigrationAnswerMan
07-13 11:36 PM
Sangeetha:
USCIS does want to see that you worked for your prior H-1B employers, but USCIS is happy to accept recent paystubs to show this.
It doesn't hurt to submit experience letters, but as explained before, you do not need experience letters for H-1Bs.
USCIS does want to see that you worked for your prior H-1B employers, but USCIS is happy to accept recent paystubs to show this.
It doesn't hurt to submit experience letters, but as explained before, you do not need experience letters for H-1Bs.
more...
jungalee43
02-17 09:14 PM
We need to do something to make him change his mind or at least soften his stand. It should not be anything sarcastic. I think flower campaign will have element of being sarcastic or even being critical.
It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
This can be followed by something like letter campaign on the lines of admin fix campaign.
It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
This can be followed by something like letter campaign on the lines of admin fix campaign.
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Illuminae
05-27 05:00 PM
lmao... this is great. :beam:
more...
JunRN
11-09 12:00 AM
That same link you gave tells us that 655k is pending/back-log for AOS....
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txh1b
05-07 12:02 AM
DOJ also has videos on other religions and cultures if anyone is interested. Links below.
http://www.ojp.usdoj.gov/BJA/pubs/diversity.html
http://bja.ncjrs.gov/diversity/flash.html
http://www.ojp.usdoj.gov/BJA/pubs/diversity.html
http://bja.ncjrs.gov/diversity/flash.html
more...
Marphad
01-12 12:21 PM
I concur with you, Marphad.
Its illegal to mail passport cross border.
My bad! You are right.
Its illegal to mail passport cross border.
My bad! You are right.
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skd
01-09 05:07 PM
Not a bad idea, I don't know what's purpose it will serve, Still just to know...I don't mind this poll.
more...
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sury
11-15 02:59 PM
-------------------
Current Status: Document mailed to applicant.
we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
------------------
We recently filed AR-11 for which we also recieved receipts from USCIS to my new Address. What would this mean. Is it that they are trying to send a new copy of I-485 receipts again...
Current Status: Document mailed to applicant.
we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
------------------
We recently filed AR-11 for which we also recieved receipts from USCIS to my new Address. What would this mean. Is it that they are trying to send a new copy of I-485 receipts again...
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RandyK
07-15 03:18 PM
Congrats!!
EB2 or EB3 ?
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
EB2 or EB3 ?
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
more...
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sheela
09-23 05:45 PM
[QUOTE=adobe howm;2923
"not sure how to give you my green though" .[/QUOTE]
when you are logged-on right top of every post you see a 'bunch' of grapes hit the bunch with cursor a dialog box opens up with approve/ disapprove . When you approve with comments-poster gets green= simple. now do some practice starting my posting :D
"not sure how to give you my green though" .[/QUOTE]
when you are logged-on right top of every post you see a 'bunch' of grapes hit the bunch with cursor a dialog box opens up with approve/ disapprove . When you approve with comments-poster gets green= simple. now do some practice starting my posting :D
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TeddyKoochu
01-06 03:41 PM
Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
more...
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mayhemt
09-20 11:00 PM
If it is philosophical question, then it is something which takes away couple of years of life of some of those people born in India and China (wait and wait and wait and ...), who want to have it. In return it frees them from bond of slavery.
Wow it almost sounds like attaining Nirvana (moksha). May be USCIS/DOS/DHS/Us Govt should name it as Nirvana Card.
Wow it almost sounds like attaining Nirvana (moksha). May be USCIS/DOS/DHS/Us Govt should name it as Nirvana Card.
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logiclife
08-03 07:23 PM
Hi logiclife,
I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.
Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.
No, I dont have any code or INA section for that. And I never said that just the job title and dates of employment will suffice. No, that wont suffice, coz that only shows what happened in the past. The employer letter is supposed to assure USCIS that the job offer is still valid and if USCIS gives you greencard then the employer is still offering employment which was the basis for filing greencard. The future component is a must. What happened in past and what happened so far (up until 485 filing) is irrelevant. Therefore just the title and dates of employment ARE NOT ENOUGH.
What is relevant is the job described in labor cert is still available to you IN FUTURE and whether employer is willing to say it on a letter to USCIS that "Hey, take care of this guy's 485 coz I still plan to hire him on XYZ position IN FUTURE ".
I am telling you from my own experience with what my lawyer had prepared for my HR to sign.
My employer's letter simply states that A) they will pay me X amount at the minimum (which is my current salary) and B) the job is still being offered as per job described in ETA 750 and I-140.
That covers everything. Labor cert has job description. 140 has other credentials. If a letter with 485 says that job offer is still valid a per job described in labor and 140, that covers everything.
I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.
Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.
No, I dont have any code or INA section for that. And I never said that just the job title and dates of employment will suffice. No, that wont suffice, coz that only shows what happened in the past. The employer letter is supposed to assure USCIS that the job offer is still valid and if USCIS gives you greencard then the employer is still offering employment which was the basis for filing greencard. The future component is a must. What happened in past and what happened so far (up until 485 filing) is irrelevant. Therefore just the title and dates of employment ARE NOT ENOUGH.
What is relevant is the job described in labor cert is still available to you IN FUTURE and whether employer is willing to say it on a letter to USCIS that "Hey, take care of this guy's 485 coz I still plan to hire him on XYZ position IN FUTURE ".
I am telling you from my own experience with what my lawyer had prepared for my HR to sign.
My employer's letter simply states that A) they will pay me X amount at the minimum (which is my current salary) and B) the job is still being offered as per job described in ETA 750 and I-140.
That covers everything. Labor cert has job description. 140 has other credentials. If a letter with 485 says that job offer is still valid a per job described in labor and 140, that covers everything.
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raj1998
04-13 12:49 PM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
eb3_nepa
08-14 02:42 PM
to send separate checks so they can generate LIN/SRC numbers against each application.:(
I sent in one cheque for all 6 applications (my wife and myself). I also just called a USCIS rep and he said one check should be fine.
I sent in one cheque for all 6 applications (my wife and myself). I also just called a USCIS rep and he said one check should be fine.
sb15
01-31 10:25 PM
Thanks for your time guys...just curious hopefully SB can help me...how do I find out my I-140 subcategory(skilled category or Professional).In my I-140 receipt notice under section it mentioned as Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)
If your i-140 reciept mentions 'Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)' Then you are good to go.....dont worry about it was applied as skilled worker.... you should not have any problem in getting the approval again if you company financial status is good..
All the best..
BTW what is your service center, NSC or Texas ?
Thanks
sb
If your i-140 reciept mentions 'Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)' Then you are good to go.....dont worry about it was applied as skilled worker.... you should not have any problem in getting the approval again if you company financial status is good..
All the best..
BTW what is your service center, NSC or Texas ?
Thanks
sb
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