meridiani.planum
07-10 09:22 PM
inline...
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
-- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
yes, he will get a one year extension since his LC is atleast one yaer old.
3. What if the old employer revokes his I140 now? His GC process is invalid?
yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.
4. If we leave about GC, Can he do H1 transfer atleast?
yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
He will also need a copy of his labor certificate to be able to file a transfer+extension.
At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
-- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
yes, he will get a one year extension since his LC is atleast one yaer old.
3. What if the old employer revokes his I140 now? His GC process is invalid?
yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.
4. If we leave about GC, Can he do H1 transfer atleast?
yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
He will also need a copy of his labor certificate to be able to file a transfer+extension.
At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved
wallpaper Color should be a mood setter
overhere
07-18 11:08 AM
I discussed this to a lawyer. He said that even if I file in August, it will still be accepted since I am qualified to apply in July. This is a bit confusing.
I was thinking of looking for new employer which already has all the paperworks done (10 + 30 days). These are valid until 180 days. I hope to find one so that I can file this July.
hope you'll find one. good luck.
I was thinking of looking for new employer which already has all the paperworks done (10 + 30 days). These are valid until 180 days. I hope to find one so that I can file this July.
hope you'll find one. good luck.
vin13
03-09 12:30 PM
I know that with H1-B, one is not supposed to run his/her own business. But how about with EAD?
Yes, you can run a business on EAD.
You can own a business on H1-B too. But you cannot work for it . You can invest and have someone manage the operation for you. you can take profits but not work as an employee.
Yes, you can run a business on EAD.
You can own a business on H1-B too. But you cannot work for it . You can invest and have someone manage the operation for you. you can take profits but not work as an employee.
2011 The room colors and moods have
indyanguy
01-28 09:10 AM
Here's a brief background:
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
Any help is really really appreciated.
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
Any help is really really appreciated.
more...
GreenCard4US
08-21 02:22 PM
Thank you very much for your quick reponse. Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.
eager_immi
02-13 02:34 PM
They r a bloodly lazy bunch they sit on ur passport and do nothing. So please take the day off and go collect it. I called them atleast a hundred times and basically our passport was ready and they have not mailed it. so please keep calling endlessly they will pickup at some point but my advice is go and collect it urself.
Hello Friends,
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
Hello Friends,
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
more...
VisaHelp
07-26 09:27 AM
Sure. It was an H1B transfer application. So, the RFE asked for pay stubs with company A. Also asked, if applicable, for company B's pay stubs. W2s for the whole time I was in H1 status. And my last six tax returns.
Could you please detailed RFE? It is difficult to suggest without the RFE details.
____________________
Not a legal advice.
Could you please detailed RFE? It is difficult to suggest without the RFE details.
____________________
Not a legal advice.
2010 I chose each room#39;s color
chanduv23
01-25 02:43 PM
This is still on. Singhsa3 will be there. Please attend this
more...
apahilaj
02-11 06:39 PM
Count me in. No FP Notice yet.
same here...
Opened second SR today for my self and my spouse.
same here...
Opened second SR today for my self and my spouse.
hair think about room color and
slowwin
03-02 10:45 AM
bump
more...
glores1970
07-26 03:56 PM
Good that we see more proof of Apps received on Jun 29 getting receipted.
I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.
I read somewhere that many or most or some 485 cases will be or have been transferred to TSC from NSC. and according to the july 20 processing time updates, TSC will be complaint by 10/26. doesnt it sound too good that NSC will be compliant so soon ? Again, i am an eternal pessimist....
I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.
I read somewhere that many or most or some 485 cases will be or have been transferred to TSC from NSC. and according to the july 20 processing time updates, TSC will be complaint by 10/26. doesnt it sound too good that NSC will be compliant so soon ? Again, i am an eternal pessimist....
hot Color will change the mood,
radhikac
12-21 02:56 AM
hi All,
I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
However I found links on the Atlanta and Washigton consulates that say that I need a visa.
http://www.consulfrance-atlanta.org/article.php3?id_article=827
http://www.consulfrance-washington.org/article.php3?id_article=383
Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.
Apologizes if this thread is under the wrong category
Thanks
Radhika
I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
However I found links on the Atlanta and Washigton consulates that say that I need a visa.
http://www.consulfrance-atlanta.org/article.php3?id_article=827
http://www.consulfrance-washington.org/article.php3?id_article=383
Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.
Apologizes if this thread is under the wrong category
Thanks
Radhika
more...
house Baby Room Colors
nkavjs
11-09 09:15 PM
[QUOTE=tinuverma;193745]Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
tattoo Wall colors can add a lot to a
ubetman
08-08 10:28 AM
My application has not been sent yet. They are planning to send it to TSC. My confusion is:
According to USCIS website, in I-140 addresses to sent information, for concurrent application of 140/485, it says if the permanent employment is based in this state, it goes to this center.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
In 485 addresses to sent information under employment based category, it says if you live in this state, sent it to this center. This does not say about concurrent filing applications..
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
I live in Texas but in labor employment, permanent job offer address is in diff state which comes under NSC.
Since mine is concurrent filing, I don't know to which center I have to sent the application....Lawyer is saying he will send it to TSC, since I live and work in Texas. But I want to make clear things as I don't want to end up sending to wrong service center. If process delayed, thats fine..but if the application is rejected...then thats a big problem..which is why I am mostly concerned....lawyers r busy..they don't consider all our concerns...in the faqs:pdf released by USCIS, it says if the application is sent by mistake to VSC or CSC, then they will route it to either TSC or NSC but it does not say about if application is sent to TSC but has to go to NSC, it will route it to approriate service center...
tension ...confused....lawyer don't reply...he doesn't care much...
anybody has hotline number to call and confirm with USCIS...thanks in advance..
According to USCIS website, in I-140 addresses to sent information, for concurrent application of 140/485, it says if the permanent employment is based in this state, it goes to this center.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
In 485 addresses to sent information under employment based category, it says if you live in this state, sent it to this center. This does not say about concurrent filing applications..
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
I live in Texas but in labor employment, permanent job offer address is in diff state which comes under NSC.
Since mine is concurrent filing, I don't know to which center I have to sent the application....Lawyer is saying he will send it to TSC, since I live and work in Texas. But I want to make clear things as I don't want to end up sending to wrong service center. If process delayed, thats fine..but if the application is rejected...then thats a big problem..which is why I am mostly concerned....lawyers r busy..they don't consider all our concerns...in the faqs:pdf released by USCIS, it says if the application is sent by mistake to VSC or CSC, then they will route it to either TSC or NSC but it does not say about if application is sent to TSC but has to go to NSC, it will route it to approriate service center...
tension ...confused....lawyer don't reply...he doesn't care much...
anybody has hotline number to call and confirm with USCIS...thanks in advance..
more...
pictures Colors-and-mood-part-I
chanduv23
07-09 01:15 PM
lets not pick few desi names..by the way those are indian americans and lets not expect them to endorse us. They are just another american trying not to discuss about our issues for the same reason Lou Dobbs won't.
Ofcourse its protectionism for those who thought its a fair game!
Yes and we have a tough tough task here - don't be surprised if they come up with wiredest ways to punish legal high skilled as days go by - we can see more frustration among those legal immigrants coming to US.
What we can do
MAAKE IT AS VISIBLE AS POSSIBLE
Ofcourse its protectionism for those who thought its a fair game!
Yes and we have a tough tough task here - don't be surprised if they come up with wiredest ways to punish legal high skilled as days go by - we can see more frustration among those legal immigrants coming to US.
What we can do
MAAKE IT AS VISIBLE AS POSSIBLE
dresses Red and Tan Dining Room
simon03
07-15 12:35 PM
I wish my company attorney could understand the basic ENGLISH instructions. Worst part, still doesn't admit his mistake and keeps pointing to the receipt issued by USCIS.
Btw, I took Infopass appointment and went today to ask what should I do....given USCIS has issued receipt notice
The officer responded similar to my attorney's response, stating given that USCIS has issued receipt, they are working on my appl and I may not need to send the fee..BUT he admitted that the fee was required..
In short, still not sure what to do....
Btw, I took Infopass appointment and went today to ask what should I do....given USCIS has issued receipt notice
The officer responded similar to my attorney's response, stating given that USCIS has issued receipt, they are working on my appl and I may not need to send the fee..BUT he admitted that the fee was required..
In short, still not sure what to do....
more...
makeup Colors-and-mood-part-I
nfinity
07-09 10:15 AM
Before she changes her job so soon after I-485 approval. Make sure you understand the consequences of not staying with your petitioning employer.
Your intent may be questioned during Naturalization process. Talk to an attorney. I dont think people can just switch employers after 485 is approved rightaway.
Just my 2 cents
Your intent may be questioned during Naturalization process. Talk to an attorney. I dont think people can just switch employers after 485 is approved rightaway.
Just my 2 cents
girlfriend Color And Flow Give A Room
vijayam
09-15 04:59 PM
Hi,
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
hairstyles lisbon painting living room
redcard
11-28 09:39 AM
Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.
What can we expect next?
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
What will happen to the �Rest of the World� category? When do you think they can expect results?
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
What Next ?? Simple...
Finger Printing, EAD, AP, NAME CHECK, GREEN CARD and CITIZENSHIP :)
What can we expect next?
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
What will happen to the �Rest of the World� category? When do you think they can expect results?
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
What Next ?? Simple...
Finger Printing, EAD, AP, NAME CHECK, GREEN CARD and CITIZENSHIP :)
meridiani.planum
11-08 11:43 PM
How about meeting Michelle Obama... her highness the soon to be First Lady?
sure. how about friday evening. say around 7:00? you bring the chips, I'll bring the salsa.
sure. how about friday evening. say around 7:00? you bring the chips, I'll bring the salsa.
vegasbaby
06-29 03:29 PM
Schengen Visa Insurance: Best Deals for Schengen Travel Insurance (http://www.schengenvisainsurance.com/)
There are tons of such sites/companies that will issue a travel insurance & will issue a letter with all the wordings mentioned by the consulate. You are possibly looking at abt $50-60 bucks depending on your coverage (lowest specified by consulate ) & length of stay (15 days)
You can ask Humana to issue you a letter stating to coverage amount that you will be covered while on your visit to Sweden. When I was traveling to Italy, my insurance company did issue me such a letter & I didn't have to buy anything.
There are tons of such sites/companies that will issue a travel insurance & will issue a letter with all the wordings mentioned by the consulate. You are possibly looking at abt $50-60 bucks depending on your coverage (lowest specified by consulate ) & length of stay (15 days)
You can ask Humana to issue you a letter stating to coverage amount that you will be covered while on your visit to Sweden. When I was traveling to Italy, my insurance company did issue me such a letter & I didn't have to buy anything.
No comments:
Post a Comment