YesGC_NoGC
07-14 02:41 PM
One of my friend informed that his check has been encashed, his application was delivered to USCIS on July 2nd, His priority date was current in June.
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s416504
02-25 11:06 AM
L1A valid for 7 years so you can continue working with A.
Apply GC from B asap and switch to B as soon as labor(PERM) passes 365 days.
http://forums.immigration.com/attachment.php?attachmentid=14106
For PERM, first 4-6 month goes in preperation so actual Labor waiting start from the day you apply PERM so you should count this preperation time + 365 days.
You might eligible for premium I140 so you don't have to go through this 365 days waiting to extend H1B.
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
Apply GC from B asap and switch to B as soon as labor(PERM) passes 365 days.
http://forums.immigration.com/attachment.php?attachmentid=14106
For PERM, first 4-6 month goes in preperation so actual Labor waiting start from the day you apply PERM so you should count this preperation time + 365 days.
You might eligible for premium I140 so you don't have to go through this 365 days waiting to extend H1B.
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
ras
06-17 01:15 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 approved 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?
-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 approved 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?
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rbalaji5
10-30 07:16 PM
Please post the feedback of Infopass in this thread - After your feedback, I will schedule a infopass appointment to correct the last name on the EAD card as it is not urgent for me.
more...
sodh
07-18 05:09 PM
Please someone reply tommorow you can face this.
TamilSelvan
03-16 12:01 PM
My wife entered to US with L2 dependent Visa and got SSN# with L2-EAD.Meanwhile we both applied and got H1 by employer A which is valid from OCT 06-SEP 09. Although she has enough experience but her medical condition she never worked and neither has pay-stub/W2. Then both of us never travelled out of US. Meanwhile she went India SEP 08 and stayed 5 months. When I went for vacation I got my H1 stamping and she got H4 stamping at the same time and we are in US. Now she got an offer from employer B and he is willing to do COS H4-H1for her. We checked with Employer A and they haven't revoked her H1b till now.
Our questions are
1) Since she doesn't have any paystub/w2, is it possible to do COS?
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
3) How long does it take to complete the COS if done by PP.
4) How much risk does this case carry/what are the issues she could face?
Really appreciated your valuable answers
Thanks in Advance
TamilSelvan
Our questions are
1) Since she doesn't have any paystub/w2, is it possible to do COS?
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
3) How long does it take to complete the COS if done by PP.
4) How much risk does this case carry/what are the issues she could face?
Really appreciated your valuable answers
Thanks in Advance
TamilSelvan
more...
gc28262
07-14 08:29 AM
I apologize for hijacking this thread. I could not find a way to create a new thread. I subscribed for monthly contributions almost 5 days back and still don't have access to Donor's forum. Emailed the admins, still no response. Can the admins take a look at this one please?
And also how do I create a new thread? I did this some time back, but could not find it where to start.
Thanks
To start a thread:
Click on Forums menu-->Select an appropriate Discussion topic till you see a "New Thread" button. Click on the "New Thread" button to start a thread.
And also how do I create a new thread? I did this some time back, but could not find it where to start.
Thanks
To start a thread:
Click on Forums menu-->Select an appropriate Discussion topic till you see a "New Thread" button. Click on the "New Thread" button to start a thread.
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abhishek101
10-10 09:08 PM
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vactorboy29
02-19 06:01 PM
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
AP - Is for travel purpose,no connection to your work status in US.
EAD - is your work status .If you use it your H1b is envalid.
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
AP - Is for travel purpose,no connection to your work status in US.
EAD - is your work status .If you use it your H1b is envalid.
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pappu
07-14 04:55 PM
Thanks for the update paskal.
It was just what i needed to make my mind...i am bored to death in this small town finishing my waiver hoping for this piece of legislation.( no hopes of my EB2 anyway:rolleyes:).
Thanks Paskal for letting everyone know the update. IV was a co-signatory with other medical advocacy groups to the letter for pushing Physician's provisions. Please contact Paskal if you wish to join the effort.
There are lot of doctors who are unaware about this and what they can do together to end their long wait. I have met some of them myself and talked about IV and its efforts for doctors. They joined IV effort but the doctor community by and large is still unaware of this effort and scattered.
It was just what i needed to make my mind...i am bored to death in this small town finishing my waiver hoping for this piece of legislation.( no hopes of my EB2 anyway:rolleyes:).
Thanks Paskal for letting everyone know the update. IV was a co-signatory with other medical advocacy groups to the letter for pushing Physician's provisions. Please contact Paskal if you wish to join the effort.
There are lot of doctors who are unaware about this and what they can do together to end their long wait. I have met some of them myself and talked about IV and its efforts for doctors. They joined IV effort but the doctor community by and large is still unaware of this effort and scattered.
more...
learning01
05-23 02:31 PM
Currently there is no way to pay this USD 100 from US. You have to arrange a contact, your relative etc, ask them to go to designated HDFC banks in India, pay the fees. Get the bar code # on the HDFC receipt over phone, and using that start filling an online application.
Remember, you NEED the ORIGINAL receipt to attend the visa interview. So, get it by Regd. Post or let your contact keep it in a safe place, you collect that when you meet him in India.
please tell me how can we pay $100 fee through online from USA. for getting that receipt number in order to file application for stamping?
Jc_gc
Remember, you NEED the ORIGINAL receipt to attend the visa interview. So, get it by Regd. Post or let your contact keep it in a safe place, you collect that when you meet him in India.
please tell me how can we pay $100 fee through online from USA. for getting that receipt number in order to file application for stamping?
Jc_gc
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Prashanthi
08-27 02:17 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.
IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.
IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.
more...
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jasmin45
08-10 10:24 PM
Dude,
Just don't even spend your time on this or any message board. Come to US ASAP and file before 17th August. You can add your wife later.
retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..
I would say file it together.. thats the best..
Just don't even spend your time on this or any message board. Come to US ASAP and file before 17th August. You can add your wife later.
retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..
I would say file it together.. thats the best..
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rpk83
05-10 10:11 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
more...
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andy.jones110
10-11 10:32 PM
Hi srinivas72,
1.Do you got your Visa Transferred?
2.H1B Extension, I94 Expired, H1B transfer before H1B extension. When can I start working with new employer ..after getting receipt or after getting approval.?
Thanks in advance.
1.Do you got your Visa Transferred?
2.H1B Extension, I94 Expired, H1B transfer before H1B extension. When can I start working with new employer ..after getting receipt or after getting approval.?
Thanks in advance.
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lskreddy
01-13 04:23 PM
it won't correct, as this practice has been long stopped. You may be in trouble for sure.
I disagree. When what you are requesting is what they should have followed in the first place, why do you back out? Damn, it seems like they screw up and we cover for their screw ups. Ask them to correct their mistake and give your 11/04 PD. If your lawyer won't, then hire another capable one..
I disagree. When what you are requesting is what they should have followed in the first place, why do you back out? Damn, it seems like they screw up and we cover for their screw ups. Ask them to correct their mistake and give your 11/04 PD. If your lawyer won't, then hire another capable one..
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manderson
02-27 08:06 AM
Can someone please explain, even just in broad strokes, how the Immigration Reform (if passed) would affect someone in EB3 - ROW?
Thanks
this has been discussed before. please research previous posts.
Thanks
this has been discussed before. please research previous posts.
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iad2ead
01-10 05:03 PM
I'm on H1B and my family members are on H4. I'm still working on H1B and never used EAD/AP.
I would like to renew my EAD/AP which has expired in Oct'08.
My lawyer is charging huge fees and it is turning out to be very expensive to renew EAD and AP for all my family members.
Have anyone renewed EAD and AP after such a long gap of expiry? Will e-filing
help or paper filing is efficient? Any experiences from forum members regarding
this will be appreciated.
cheers
Iad
I would like to renew my EAD/AP which has expired in Oct'08.
My lawyer is charging huge fees and it is turning out to be very expensive to renew EAD and AP for all my family members.
Have anyone renewed EAD and AP after such a long gap of expiry? Will e-filing
help or paper filing is efficient? Any experiences from forum members regarding
this will be appreciated.
cheers
Iad
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zCool
04-02 11:26 AM
You are kidding!
USCIS can't keep track of applications they receive..:)
Every document they want they "REQUEST" from you.
W2, paystubs this is basic stuff dude..
If you don't have them, there's less certainity.. but this is funny process, people have gone thro' easier on lesser evidence.. !So nothing is a dead-ender if you are lucky..
In normal cases though.. I think IF (and that's a big IF) you get an RFE, you will have hard time proving A2P but then again maybe your employer is big and has enough profits etc to prove A2P .. so don't loose heart.. but I would advise to just change to a good employer instead of working in this messy situation to get 1 or 2 yrs advantage on PD
USCIS can't keep track of applications they receive..:)
Every document they want they "REQUEST" from you.
W2, paystubs this is basic stuff dude..
If you don't have them, there's less certainity.. but this is funny process, people have gone thro' easier on lesser evidence.. !So nothing is a dead-ender if you are lucky..
In normal cases though.. I think IF (and that's a big IF) you get an RFE, you will have hard time proving A2P but then again maybe your employer is big and has enough profits etc to prove A2P .. so don't loose heart.. but I would advise to just change to a good employer instead of working in this messy situation to get 1 or 2 yrs advantage on PD
dilbert_cal
06-24 09:28 PM
Hi,
I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.
Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.
Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?
Any help in this regard with be greatly appreciated.
Thank you
Incorrect tax return will not necessarily impact your 485 application.
But knowingly filing an incorrect tax return may result in substantial fine if IRS figures it out. They do not have to necessarily find it this year - I believe an audit can be triggered anytime uptil about 7 years.
Saving 5000 dollars or so with an incorrect tax return is good if you can live in the fear of future audit for the next seven years.
The reason I stated "knowingly" filing an incorrect tax return is based on your statements. Clearly at this point you know your tax returns were wrong but because of penalty that you may have to pay, you dont want to amend it. Sure, if you are lucky , nothing will happen to you but thats not a chance I would like to take. Just my 2 cents.
I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.
Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.
Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?
Any help in this regard with be greatly appreciated.
Thank you
Incorrect tax return will not necessarily impact your 485 application.
But knowingly filing an incorrect tax return may result in substantial fine if IRS figures it out. They do not have to necessarily find it this year - I believe an audit can be triggered anytime uptil about 7 years.
Saving 5000 dollars or so with an incorrect tax return is good if you can live in the fear of future audit for the next seven years.
The reason I stated "knowingly" filing an incorrect tax return is based on your statements. Clearly at this point you know your tax returns were wrong but because of penalty that you may have to pay, you dont want to amend it. Sure, if you are lucky , nothing will happen to you but thats not a chance I would like to take. Just my 2 cents.
innervoice
01-20 12:30 PM
I got RFE for my spouse in August 2008 for I-485 regrading the marriage certificate and still the status hasn't got updated, called several times USCIS but no luck.
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