amberGC
07-19 10:34 AM
Miguy, check ERAS carefully- there are two places for your visa status: one- your curent visa and the other your visa status when you will join the residency, July 2008. For the second, you need to put EAD if you do not have it in had now. Most programs know what EAD is, but you may need to give an explanation to others...
Thanks guys for your help- really appreciate. I also think I cannot join residency on EAD as of now. Just wanted to check if I am missing something important here... Please do inform if you come accross something relevant:)
Thanks guys for your help- really appreciate. I also think I cannot join residency on EAD as of now. Just wanted to check if I am missing something important here... Please do inform if you come accross something relevant:)
wallpaper Paramore#39;s - Brand New Eyes
paulinasmith
08-20 03:01 PM
goel I know that, I have already done that twice in previous stampings at Canada. Each time I went a day before to the Scotia branch prior to my appointment. What concerns me is this statement.
If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010
My appointment is for Sept 8. To pay MRV fee prior to Sept 1, I need to be physically in Canada at a Scotia bank branch before Sept 1. Today it is Aug 20, and I still havent gotten my passport back in mail yet with Canadian visa stamped on it. My scheduled arrival in Canada is Sept 7 so I can take care of Scotia bank receipt prior to appointment. But their statement says, the fee needs to be paid prior to Sept 1.
See my point?
Btw this just came out I think yesterday.
Flights from Canada to US are very expensive.The procedure is very simple you can even simply pay the fees some hours before your interview (September 8). Its all good and safe if you have payment receipt with you during interview.
If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010
My appointment is for Sept 8. To pay MRV fee prior to Sept 1, I need to be physically in Canada at a Scotia bank branch before Sept 1. Today it is Aug 20, and I still havent gotten my passport back in mail yet with Canadian visa stamped on it. My scheduled arrival in Canada is Sept 7 so I can take care of Scotia bank receipt prior to appointment. But their statement says, the fee needs to be paid prior to Sept 1.
See my point?
Btw this just came out I think yesterday.
Flights from Canada to US are very expensive.The procedure is very simple you can even simply pay the fees some hours before your interview (September 8). Its all good and safe if you have payment receipt with you during interview.
mariner5555
03-14 03:01 PM
I have met my rep. He took the letter etc but nothing happens after that. Starting a new campaign to the USCIS director doesn't dilute the issue, rather it makes our case stronger, this way we are telling them we are really really troubled...
I think rather than a new campaign which asks members to send postal mail we should have one clear and nicely written letter where members can put their signatures or vote electronically (I guess something like this exists) ..this letter (with thousands of votes / signature) can then be sent to various organizations and important people (president, congress, realtors, lobbyists etc etc).
I guess the main point to say would be the long waiting times, inefficient USCIS etc due to which lot of immigrants are going back to their home countries (therby leading to more outsourcing), lot of immigrants are not making big financial purchases (buying homes etc) etc etc
footnote - The reason I bring housing is US always speeds up GC processing whenever they face a crisis - from what I have heard in 70's when they needed civil engineers and doctors - they would give them GC's very quickly ..whichever financial news you read - the bottom line is no one is buying houses - in legal immigrants case - why the heck would they if they dont know if they will be able to stay here permanently :-D
I think rather than a new campaign which asks members to send postal mail we should have one clear and nicely written letter where members can put their signatures or vote electronically (I guess something like this exists) ..this letter (with thousands of votes / signature) can then be sent to various organizations and important people (president, congress, realtors, lobbyists etc etc).
I guess the main point to say would be the long waiting times, inefficient USCIS etc due to which lot of immigrants are going back to their home countries (therby leading to more outsourcing), lot of immigrants are not making big financial purchases (buying homes etc) etc etc
footnote - The reason I bring housing is US always speeds up GC processing whenever they face a crisis - from what I have heard in 70's when they needed civil engineers and doctors - they would give them GC's very quickly ..whichever financial news you read - the bottom line is no one is buying houses - in legal immigrants case - why the heck would they if they dont know if they will be able to stay here permanently :-D
2011 título quot;Brand New Eyesquot; y
TexDBoy
09-10 11:44 AM
If you sure that they might lay you off, then better to transfer H1B right now ... You can decide to join that different company later.
It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.
The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.
I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...
It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.
The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.
I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...
more...
meridiani.planum
12-31 01:05 AM
Thanks a lot. This helps me.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.
you can file EAD on your own, see the self-filing threads on IV, or other webapges on sites for required documentation. Dont spend money on an attorney just for this.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.
you can file EAD on your own, see the self-filing threads on IV, or other webapges on sites for required documentation. Dont spend money on an attorney just for this.
qualified_trash
07-07 01:09 PM
Investing in a company -> Yes (shareholder)
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
Could you tell me what the difference is between owning a company and being a shareholder? :-))
Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
Could you tell me what the difference is between owning a company and being a shareholder? :-))
Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.
more...
gc_kaavaali
03-12 03:40 PM
First off all on what basis you can say there are no jobs for H1B's.
If anybody who already done/experienced any of above cases, please advise on all above quetions with all options/possibilities. Your great experience helps lot of people like me. Please advise.
Thanks.
If anybody who already done/experienced any of above cases, please advise on all above quetions with all options/possibilities. Your great experience helps lot of people like me. Please advise.
Thanks.
2010 Paramore – Brand New Eyes
kshitijnt
06-25 02:39 AM
Its not practical that all or any approved applications will be impacted.
http://www.ilw.com/immigdaily/digest/2008,0616.shtm
The heat is being turned on DOL.
http://www.ilw.com/immigdaily/digest/2008,0616.shtm
The heat is being turned on DOL.
more...
GCwaitforever
06-19 04:09 PM
I heard that once we start using EAD (immigrant intent), we could never go back to using H-1B (quasi non-immigrant). Many lawyers suggest not using EAD as yet because if I-485 is ever rejected for any reason, we could still be on H-1B and go on for few more years and leave the country comfortably. Without H-1B in those circumstances, we would be out of any status and we have to leave the country immediately.
Your friend might have applied for EAD, but primarily he must be staying on H-1B only. His wife could be using the EAD very much.
Your friend might have applied for EAD, but primarily he must be staying on H-1B only. His wife could be using the EAD very much.
hair Brand New Eyes, out now.
fcres
06-27 12:02 PM
Well there is a thread here talking about the pros and cons of multiple 485 filing so that means it can be done. As far as i have read its not illegal but it might delay the process. Different lawyers have diff opinion. Both our lawyers agreed for multiple filing and so to be on the safe side(one has an early PD and the other's job is more stable) we are filing 2 485s, but only one EAD and AP.
more...
pappu
12-22 08:48 AM
Bumping it up again:
Pls. try to come for this meet and you will know more about our current I485 push and our upcoming plans. We urge all NY, NJ and CT members to try to make it to this meet. PM Anurakt in advance so that you can confirm your attendence and get his contact.
Pls. try to come for this meet and you will know more about our current I485 push and our upcoming plans. We urge all NY, NJ and CT members to try to make it to this meet. PM Anurakt in advance so that you can confirm your attendence and get his contact.
hot rand new eyes paramore. Paramore – Brand New Eyes
dixie
10-01 01:16 PM
It is not as simple as that. PERM started only last year - march 2005 to be precise. Now imagine someone from India who has a pending LC app using the old system in EB3 in December 2004 - his application would most likely still be languishing in PBEC or DBEC. Optimisitically, assume he gets his labor approved in September 2007 (when DOL has promised to clear the backlogs) - Even assuming he gets his I-140 overnight, an end-of-2004 PD will certainly not be anywhere near current by the rate at which EB3 India dates are progressing, So that means another 4 - 6 years or so just to FILE 485. All this assuming his LC is approved - if LC gets turned down after waiting 3 years, he has to start over with a new 2007 PD !!
This is exactly the situation that one of my colleagues finds himself in.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
This is exactly the situation that one of my colleagues finds himself in.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
more...
house Brand new eyes Paramore
a_yaja
06-22 10:04 AM
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
tattoo Paramore: rand new eyes.
Humhongekamyab
05-14 03:56 PM
Hi,
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
more...
pictures Paramore – Brand New Eyes
h1techSlave
03-19 11:57 AM
I can't think of anything other than getting the company immigration lawyer's help in this case.
On another note, all of here with pending GC processes, should be ready to face the prospect of going back to our home countries. "Hope for the best, but prepare for the worst".
Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
On another note, all of here with pending GC processes, should be ready to face the prospect of going back to our home countries. "Hope for the best, but prepare for the worst".
Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
dresses Paramore - Brand New Eyes
snathan
05-17 05:02 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
more...
makeup Paramore Explain Brand New
mdipi
10-28 05:03 PM
i dont have a cgi bin....
girlfriend Behind Brand New Eyes
testtesttest
07-17 06:32 PM
just called her and thanked her for her efforts.
hairstyles Paramore | Brand New Eyes
wellwishergc
07-13 11:07 AM
just EAD is not enough. EAD is required to maintain status and work; however AP is required if she travels abroad and needs to re-enter.
I hope you do not have to worry about it; maybe her 485 is approved as well.
If she has an EAD she should be fine with the status, if she does not have one, may be u could apply one for her
I hope you do not have to worry about it; maybe her 485 is approved as well.
If she has an EAD she should be fine with the status, if she does not have one, may be u could apply one for her
gcpain
07-24 04:32 PM
^^^^
senthil1
04-04 09:57 PM
If you stay out of country for long time CIS may consider that you may abandon GC.
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
No comments:
Post a Comment