chinna2003
03-11 05:21 PM
This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.
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desi3933
08-26 02:32 PM
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
>> She can not get an H4 though... thats seen as abandoning your AOS status...
Totally Incorrect.
________________
Not a legal advise.
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
>> She can not get an H4 though... thats seen as abandoning your AOS status...
Totally Incorrect.
________________
Not a legal advise.
javadeveloper
12-02 01:29 PM
Hello Guys, I am in dilemma about applying for my greencard. I cam to U.S in 1999 ON F-1 and later converted to H1B after working on CPT and OPT. My 6th year is going to end Spet 30th 2009. I have never been too inclined about settling over in U.S and I didn't care to apply for my Greencard. I am in the process of completing my part-time M.B.A and would like to extend my stay by another year or 2 (that is end of 2010 or 2011).
My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.
One of my friends is a client of Murthy , as per my friend 1 year extensions are possible after 6 years.I am not sure how far this is true.Better to check with some attorney.Let us know if you have some info
My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.
One of my friends is a client of Murthy , as per my friend 1 year extensions are possible after 6 years.I am not sure how far this is true.Better to check with some attorney.Let us know if you have some info
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BMS1
07-19 10:22 AM
My understanding is that to file for I-485 one needs to be in valid non-immigrant status (which your spouse does not have as of july 17th). After a valid I485 filing, there is a relief of 180 days as per 245(K). I could be wrong. It was a serious mistake not to have filed before July 16th. But nevertheless worth a try. If USCIS does not reject the filing, you need to be careful, not to let your spouse stay inside US beyond 180 days counting from July 16th. Since at a later stage, should the application be denied,a lot more can go wrong.
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Rb_newsletter
02-03 06:40 PM
We can try to make a legitimate point that H1Bs contribution to the economy is huge. Guess what that is why the companies try to hire more H1Bs. But... who is listening?
In the depression years - post 1929. Immigration to the US fell to 10% of what it was in 1929 and remained like that for 10 years. 400,000 Mexican immigrants were forced back to Mexico.
Immigration officers proactively sending back H1Bs is not totally unexpected. I hope and pray that the economy and the job situation improves in the coming months. Otherwise I wonder if there is more to come?
You should also quote medieval times examples here. So slashing H1b's heads could be justified.
My friend, 1929 is not equal to 2010. With all globalization happenings and trade dependability between countries this is not a fair treatment. This is modern world where export and import are essential and no one can stop it. In case of H1, knowledge is being imported into this country for whatever reason. I am shocked at your comment "proactively sending back". What they are doing is NOT proactive. If they want to act proactively, then they should send a letter communication revoking the H1 petition stating economical reasons even before going for stamping.
In the depression years - post 1929. Immigration to the US fell to 10% of what it was in 1929 and remained like that for 10 years. 400,000 Mexican immigrants were forced back to Mexico.
Immigration officers proactively sending back H1Bs is not totally unexpected. I hope and pray that the economy and the job situation improves in the coming months. Otherwise I wonder if there is more to come?
You should also quote medieval times examples here. So slashing H1b's heads could be justified.
My friend, 1929 is not equal to 2010. With all globalization happenings and trade dependability between countries this is not a fair treatment. This is modern world where export and import are essential and no one can stop it. In case of H1, knowledge is being imported into this country for whatever reason. I am shocked at your comment "proactively sending back". What they are doing is NOT proactive. If they want to act proactively, then they should send a letter communication revoking the H1 petition stating economical reasons even before going for stamping.
wandmaker
02-25 06:15 PM
I came to US on h1b visa in Feb 2007.... after joining my first job my employer applied for a change in LCAbecause of the new salary(which is less than the original)... USCIS replied to that amendment after 16 months with an RFE... My comapany responded to that RFE and after that they got a reply from the USCIS that the H1b amendment is denied....
My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.
what are the options for me?
can I apply for a H1b transfer?
please help
You need to provide more details on bold words from your post. If you really need pointers from IV members.
My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.
what are the options for me?
can I apply for a H1b transfer?
please help
You need to provide more details on bold words from your post. If you really need pointers from IV members.
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radhagd
05-15 12:14 PM
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.
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Friend
02-15 10:45 AM
We (me, my wife and my son) are submitted 485 applications on July 7th to Nebraska service center latter they transferred to Vermont from there it again transferred to Taxes Service. Unfortunately I forgot to write the amount in wordings in my wife's 485 application check so they rejected my wife's application on Oct 9th, they enclosed the letter to re submit the application by using the new fee. We re submitted on Oct 15th by enclose the two checks $325 and $1010 along with the covering letter and the letter what they are given.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
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krithi
03-22 12:39 PM
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
I am in the same boat and travelled twice, no questions asked about employment.
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
I am in the same boat and travelled twice, no questions asked about employment.
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santosh_guha
07-14 06:28 PM
I'm ready to join the Texas Chapter. I reside in Houston.
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BPforGC
10-15 12:28 PM
1. It goes to the mail room and stamped on the date it was received.
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
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wandmaker
11-18 06:48 PM
enggr: You have completed the course in 2000 (per course completion certificate), but your degree was awarded in 2002 after you completed a supplemental exam. Since the position requires a candidate who qualifies for EB2, USCIS will deny your 140 petition. IMHO, you will have to start your green card journey from scratch.
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sprash
05-06 01:30 PM
Is SBI still the best one around?
Thanks!
Thanks!
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jsb
01-28 09:24 AM
Sorry for the stupid question.
Is it necessary to inform CIS about job change using AC21?
Few of my friends havent informed.
Please read posts above. There is no need to send anything to USCIS unless asked.
Is it necessary to inform CIS about job change using AC21?
Few of my friends havent informed.
Please read posts above. There is no need to send anything to USCIS unless asked.
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h1bemployee
02-26 10:43 AM
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
Original LCA salary is like 58k and current one is 40k
What is your current LCA salary vs. original LCA Salary?
Original LCA salary is like 58k and current one is 40k
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waltz
08-24 10:17 AM
Wisconsin Public Radio www.wpr.org
You can listen online
For Program On: Friday, August 24, 2007 at 9:00 AM
According to a new report, the U.S. suffers from �brain drain� because many skilled, foreign-born workers can�t get resident visas. After nine, Kathleen Dunn talks with one of the researchers. Guest: Vivek Wadhwa, founder, Chairman, and CEO of Relativity Technologies. Executive in Residence/Adjunct Professor, Pratt School of Engineering, Duke University. www.kauffman.org
You can listen online
For Program On: Friday, August 24, 2007 at 9:00 AM
According to a new report, the U.S. suffers from �brain drain� because many skilled, foreign-born workers can�t get resident visas. After nine, Kathleen Dunn talks with one of the researchers. Guest: Vivek Wadhwa, founder, Chairman, and CEO of Relativity Technologies. Executive in Residence/Adjunct Professor, Pratt School of Engineering, Duke University. www.kauffman.org
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RDB
07-12 09:31 PM
I e-filed EAD in June 2009 and the case is at NSC.....they did sent me some notice on Friday - which I am yet to receive - not sure if it is going to be a FP notice or request for evidence.
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miguy
03-16 09:16 AM
well, the connection is that if you get the Statement of Need from Canada, you can go to Canada to satisfy the 2 years j1-home residency requirement. While, if you get the SON from India, you would have to go to India. You have talked about plan B in your earlier post, I am a Canadian Citizen and my wife a Canadian PR(we live in Canada). So, if she gets a residency on J1, the worst is that she could come to Canada to satisfy the 2 yr requirement.
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enggr
10-04 08:17 AM
They have this in Connecticut (CT) state also . In 2010 Jan I applied for my license transfer and they checked my 797, passport, employment verification letter etc and they said they need to send the verification to USCIS which will take a few hours or a day. they wanted me to come back the next day to collect the license
guygeek007
07-19 09:07 AM
This is my GC application history
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
bfadlia
02-21 12:31 PM
your browser might be getting the old one from cashe
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