maheshf
02-20 11:07 AM
Dear All..need expert guidance on my situation.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
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eImmigJr
07-26 12:55 PM
Lawyer: When we get the receipt notice we will immediately submit the correct marriage certificate, till then be married to other person :)
So I guess from legality point of view its not a major issue. Hopefully none of you guys will have to go through this issue.
Another thing is that receipts for application that reached USCIS on June 28th, are reaching the law office, so hang in there for a week or two for July receipts.
So I guess from legality point of view its not a major issue. Hopefully none of you guys will have to go through this issue.
Another thing is that receipts for application that reached USCIS on June 28th, are reaching the law office, so hang in there for a week or two for July receipts.
paskal
01-22 06:22 PM
rock!
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jnraajan
04-09 04:52 PM
My friend, who applied (during June 2007) for his EAD renewal around 60 days before his actual EAD expiration date, haven't got it renewed in time. After the expiry date, his employer asked him to come to work only after obtaining the renewed EAD. He has been told that in case of EAD it is not legal to work just with receipt.
Your Friend's employer is correct. Receipt Notice for EAD is NOT ENOUGH to start working. You should have a approved EAD Card to continue working.
Your Friend's employer is correct. Receipt Notice for EAD is NOT ENOUGH to start working. You should have a approved EAD Card to continue working.
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icecolor
09-06 01:28 PM
Same here. However, I think that we will get it sooner.
veni001
10-09 08:34 PM
I compared the 485 inventories from 12/11/09 and the one on 10/1/10, released by USCIS. The net difference (approved) for EB3I is approx 1320, cleared mostly for the 2001 PDs. Don't know what happened to rest of the visa numbers ( ~ 1500) out of the mandated ~2800 for EB3I.
Rest should have been consumed-by CP and 245(i)(follow to join):D
Rest should have been consumed-by CP and 245(i)(follow to join):D
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mbawa2574
07-07 07:56 PM
IV core leadership has to change and so is the stratergy. Current Lobbying efforts have clearly not worked out. I call for elections to elect the new core team. All these conference calls and inaction is just wastage of time and things are getting worse. We need an aggressive stratergy and may need to take names and hit people openly to get our agenda pushed. IV leadership clearly lacks these skills.
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Prashant
01-22 07:30 PM
Thank you IV,
I really appreciate u folks whatever be the outcome ....
Thank you once again.
I really appreciate u folks whatever be the outcome ....
Thank you once again.
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test101
07-17 07:42 PM
yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?
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msr999
03-03 08:41 PM
EB2 gets unused EB1 quota. So potentially more GC numbers under EB2. Now I am not sure if EB1 is fully utilized or not so it might not really matter.
I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
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satishku_2000
02-26 07:36 PM
I am just wondering where we can find text of legislation ...
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rkdownload
08-17 12:28 AM
Marriege Certificate
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
more...
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ivar
02-12 02:00 PM
To Whom It May Concern:
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
H1b visa gets over on the first day when it opens. So there is no assurance that after resetting your clock by staying outside you will be able to enter again on H1b. You would be luck if your next H1b application gets selected in the lottery.
Thanks,
R.
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
H1b visa gets over on the first day when it opens. So there is no assurance that after resetting your clock by staying outside you will be able to enter again on H1b. You would be luck if your next H1b application gets selected in the lottery.
Thanks,
R.
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gccovet
06-17 02:34 PM
Employer A:
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.
Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.
I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.
However, before I use AC 21, if the I 140 is revoked, am I still eligible to use AC 21?
Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?
Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.
Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.
I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.
However, before I use AC 21, if the I 140 is revoked, am I still eligible to use AC 21?
Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?
Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)
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bkn96
11-24 01:20 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..
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redViper
04-28 08:44 AM
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Canadianindian
07-06 11:17 AM
http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
What questions are you asking, and we can ask same questions.
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
What questions are you asking, and we can ask same questions.
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joydiptac
06-02 07:52 PM
You cannot be a partner in LLC and work for the same company on H1B.
But my guess is nothing stops you from not be a founding member and work for the same company. Your other two partners can be owners and they will have the right to give you as many shares as they want. This is a guess, so please confirm with a Lawyer. Explore the same option with C Corp/S Corp as well.
Do share with us what you find out. :)
And BTW if you are just three people and making a million you guys are making a killing. What business you guys in?
But my guess is nothing stops you from not be a founding member and work for the same company. Your other two partners can be owners and they will have the right to give you as many shares as they want. This is a guess, so please confirm with a Lawyer. Explore the same option with C Corp/S Corp as well.
Do share with us what you find out. :)
And BTW if you are just three people and making a million you guys are making a killing. What business you guys in?
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sanju
06-30 02:25 PM
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
Show us that you too know something about DOS. Please let us know what you know whether it's 50% truth or 98%.
We badly need an update from core team... even if it's conditional update.
Show us that you too know something about DOS. Please let us know what you know whether it's 50% truth or 98%.
We badly need an update from core team... even if it's conditional update.
cgs
02-08 08:57 AM
Is there anything like this, if yes can you throw some light on it.
As far as I know for any L1 to become H1 needs to apply in the new H1 quota.
L1A is for managers and you actually have to work atleast one year outside the US to apply for a GC (L1A - GC)
L1B is most commonly used (abused). There is no minimum required pay and has no cap. Moving from L1B to H1b is a nightmare.
As far as I know for any L1 to become H1 needs to apply in the new H1 quota.
L1A is for managers and you actually have to work atleast one year outside the US to apply for a GC (L1A - GC)
L1B is most commonly used (abused). There is no minimum required pay and has no cap. Moving from L1B to H1b is a nightmare.
nousername
12-15 09:11 PM
I was in similar (not same) situation years back.. The difference was that in my case only one company applied for my H1B transfer and I got the approval without i-94, just like you and I had to re-enter.
I also stayed in the country looking for a job (without pay stub), etc... At the US embassy they only asked me how I got the next job, no other questions. Don't remember if they asked for my tax returns as at the time I did not make the required amount.. but I surly carried my returns.
I did not do any calculations in your case but the only thing that worries me is the time you were out of status. If it is more than 180 days then I might be little worried. May be guru's here can throw some light on that.
Dear Sunny,
I will be honest to VO and there is no doubt about it. But i am wonerding if my past condition is going to pose any threat on my visa stamping.
And i am also wondering if anyone has gone with situation like mine?
My company has not applied for GC (labor) yet.
I also stayed in the country looking for a job (without pay stub), etc... At the US embassy they only asked me how I got the next job, no other questions. Don't remember if they asked for my tax returns as at the time I did not make the required amount.. but I surly carried my returns.
I did not do any calculations in your case but the only thing that worries me is the time you were out of status. If it is more than 180 days then I might be little worried. May be guru's here can throw some light on that.
Dear Sunny,
I will be honest to VO and there is no doubt about it. But i am wonerding if my past condition is going to pose any threat on my visa stamping.
And i am also wondering if anyone has gone with situation like mine?
My company has not applied for GC (labor) yet.
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