isthereawayout
02-22 01:47 PM
snathan - How different is different enough for USCIS/DOL to be okay with it? Would the num of years of experience be helpful if it was different.
I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.
Thanks
I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.
Thanks
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raysaikat
07-10 07:17 PM
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?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
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?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
theMan
06-29 10:30 AM
How about adding "No control as Lawyer will not inform when he will file".
This option may be valid for many users using the Corporate attorney.
This option may be valid for many users using the Corporate attorney.
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obelix
07-25 08:12 PM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
more...
tdasara
06-12 07:06 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.
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.
![pink friday album back. “[The album] smells WORSER](http://popwife.com/wp-content/uploads/2010/11/khia.nicki_.minaj_.beef_.jpg "“[The album] smells WORSER")
Eb3_frustrated
03-17 11:14 AM
Junoo,
Good to see you getting optimistic, I saw your frustration at April visa Numbers and glad to see you back with green $$$ this time !!
Bill introducted by Sen. Frist is great news, even though it is still in initial stages [Cross our fingers] glad we have something positive happenning.
We need to work harder and make sure it passes the house and becomes a law..long path and we should remain focussed every step of the way.
Thanks once again for your contribution and congratulations for your change in attitude.
Just contributed $100.00. Will contribute more in Future...!
Good to see you getting optimistic, I saw your frustration at April visa Numbers and glad to see you back with green $$$ this time !!
Bill introducted by Sen. Frist is great news, even though it is still in initial stages [Cross our fingers] glad we have something positive happenning.
We need to work harder and make sure it passes the house and becomes a law..long path and we should remain focussed every step of the way.
Thanks once again for your contribution and congratulations for your change in attitude.
Just contributed $100.00. Will contribute more in Future...!
more...
alanoconnor
04-10 07:29 PM
http://www.ows.doleta.gov/foreign/faqsanswers.asp#refile3
REFILING
Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.
NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.
NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.
REFILING
Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.
NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.
NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.
2010 party is ack this Friday
WillIBLucky
05-30 02:44 PM
I agree this crappy bill better not pass and is worse than retrogression. It is screwing everyone at the cost of giving amnesty to illegals. It is such a joke I would have never imagined that they would have the balls to do this, but I guess they are all politicians!!!
It would take 10 years for Illegals to get citizenship under this bill and get voting rights.
But it looks like the exisiting latino group has promised vote to democratic candidate in 2009 for President. And so this bill is so much for illegals. We educated even if become citizen will take a educated decision on who should we vote. So they are screwing us. Politics!
It would take 10 years for Illegals to get citizenship under this bill and get voting rights.
But it looks like the exisiting latino group has promised vote to democratic candidate in 2009 for President. And so this bill is so much for illegals. We educated even if become citizen will take a educated decision on who should we vote. So they are screwing us. Politics!
more...
vparam
05-25 09:05 AM
there were only 4 fax sent , when i sent it yesterday. i am not sure if many sent in faxes and just did not pot. if not it is very important to send out this word. moderators what is plan of action?
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pappu
08-10 01:16 PM
Everyone. Calling and worrying about notices and checks is of no use. We are in constant communication with USCIS and they have told us that it will take about 40-60 days to clear the huge backlog for these notices and checks. So everyone needs to be patient. We have tried to explain several times but people keep opening threads or keep asking the same questions on various threads. Today everyone is tracking notices. Tommorrow we will all be tracking EADs and APs. By the time we get our EADs and APs, it will be time to apply for them again next year. So tracking of checks and notices will continue forever and will yield no productive result for our cause. We should be instead worried if the Greencard should come soon and if we dont have to keep applying for EADs and APs every year for the next 5-6 years. Is anyone worried about Namechecks and RFEs? Nobody. Instead of calling USCS we should be calling our lawmakers and ask them to fix the system. We should be working on making this rally successful so that we can all stop worrying about our notices and quickly get our greencards.
We should be worried that if the law does not pass soon, it is not likely to pass for another 2-3 years. And thus use that worry to help out with the rally.
Hope this helps reduce anxiety in everyone.
Please refer this post to anyone who is worried about notices and checks. It is mostly new members that are unaware of the history of the backlogs or the process worry about notices. Others then also start worrying about it seeing everyone worried and panic.
We should be worried that if the law does not pass soon, it is not likely to pass for another 2-3 years. And thus use that worry to help out with the rally.
Hope this helps reduce anxiety in everyone.
Please refer this post to anyone who is worried about notices and checks. It is mostly new members that are unaware of the history of the backlogs or the process worry about notices. Others then also start worrying about it seeing everyone worried and panic.
more...
drirshad
12-31 11:15 PM
How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ?
How complicated is life for u now, if current employer making life hell then changing job with 3 yr. extension is best option, provided u workout with the employer that they don't cancel the 140 after u move or u cannot port the priority date ....
If u know employer will cancel 140 at any cost if u move then decide is it still worth staying or moving. these days PERM and 140 premium taking like 6 months
BUT wait until Feb/March the immg lobby is trying to pass some bills for us if it goes thru will b good but u can float ur resume and start interview process ....
Happy New Year 2007 ...........
How complicated is life for u now, if current employer making life hell then changing job with 3 yr. extension is best option, provided u workout with the employer that they don't cancel the 140 after u move or u cannot port the priority date ....
If u know employer will cancel 140 at any cost if u move then decide is it still worth staying or moving. these days PERM and 140 premium taking like 6 months
BUT wait until Feb/March the immg lobby is trying to pass some bills for us if it goes thru will b good but u can float ur resume and start interview process ....
Happy New Year 2007 ...........
hot It#39;s Pink Friday hoe!
kiran_k02
12-12 12:33 AM
Hi
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient. There shouldn't be any issue at the airport, I actually did not surrender my I-94 once out of ignorance and gave it to immigration officer on my way back. Anyway, As per your plan, take a copy of I485 receipt.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..) London, you would need transit visa if you do not have US Visa stamped on your passport (even AP cannot help you here). I don't know about other Airports.
Thanks in advance.
Sree
I am a layman like you, please do your research and talk to your attorney to get final confirmation on these issues.
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient. There shouldn't be any issue at the airport, I actually did not surrender my I-94 once out of ignorance and gave it to immigration officer on my way back. Anyway, As per your plan, take a copy of I485 receipt.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..) London, you would need transit visa if you do not have US Visa stamped on your passport (even AP cannot help you here). I don't know about other Airports.
Thanks in advance.
Sree
I am a layman like you, please do your research and talk to your attorney to get final confirmation on these issues.
more...
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dealsnet
09-08 03:40 PM
Get ready for an interview. USCIS transfer your petition to NBC for interview by local office.
Go with a $1000/day lawyer, or, if you are confident and clean case, go alone with all documents.
Go with a $1000/day lawyer, or, if you are confident and clean case, go alone with all documents.
tattoo “[The album] smells WORSER
SSNN
04-16 04:13 PM
Should we wait until my PD becomes current, to try to link our aplications? Is that necessary? Is there any danger that my husband's 485 application might get lost if USCIS denies our request to link his case to mine now since my PD is not current?
Don't know if this matters, but just this week, I got a RFE for employment verification. We have now sent necessary documents as requested by the dept.
Don't know if this matters, but just this week, I got a RFE for employment verification. We have now sent necessary documents as requested by the dept.
more...
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pranju
05-25 05:43 PM
My passport is expiring next year how early i can apply my renewal,
I want to go to india to get my visa stamped, i donot want to get it stamped in my old passport.
Any idea?
I want to go to india to get my visa stamped, i donot want to get it stamped in my old passport.
Any idea?
dresses of ack amp; forth continue?
smisachu
07-23 03:35 PM
R.William on July 3rd.
more...
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acecupid
07-08 04:39 PM
Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.
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bsbawa10
08-03 06:41 AM
The answer is yes. you can get inifinte 3 year extensions . I am one of the examples myself.
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chanduv23
11-11 04:33 PM
Dear IV members,
Attorney Prashanthi Reddy, will be available on IV Chat every Thursday 9.30 PM EST and will answer questions posed by IV members. The chat is available to all IV members with access to the chat room
http://immigrationvoice.org/forum/misc.php?do=cchatbox
The chat will be moderated and archived and archives will be made available to all the members
Our first Attorney Chat with Prashanthi Reddy will be on Thursday, 20th November, 2008 at 9.30 PM EST.
Thanks,
TEAM IV
Attorney Prashanthi Reddy, will be available on IV Chat every Thursday 9.30 PM EST and will answer questions posed by IV members. The chat is available to all IV members with access to the chat room
http://immigrationvoice.org/forum/misc.php?do=cchatbox
The chat will be moderated and archived and archives will be made available to all the members
Our first Attorney Chat with Prashanthi Reddy will be on Thursday, 20th November, 2008 at 9.30 PM EST.
Thanks,
TEAM IV
lskreddy
11-18 07:20 PM
Do not mean to hijack the thread but the question hopefully is related.
When I submitted my 485 application, my wife and I requested just the EADs. We have the receipt notice as well as the EAD in our hands. Our FP is done as well.
We are now submitting our AP applications. If anyone has submitted late like myself in the recent past, I would appreciate this information.
1.) Could anyone let me know the appropriate documents for this?
2.) Also, what are the fees associated with it, especially with all the old vs new stuff?
Thanks much.
When I submitted my 485 application, my wife and I requested just the EADs. We have the receipt notice as well as the EAD in our hands. Our FP is done as well.
We are now submitting our AP applications. If anyone has submitted late like myself in the recent past, I would appreciate this information.
1.) Could anyone let me know the appropriate documents for this?
2.) Also, what are the fees associated with it, especially with all the old vs new stuff?
Thanks much.
fatjoe
09-05 10:28 AM
Thanks Divakar for your prompt response. Could we say that it has been 90 days since we filed, when it is actually only 50 days.
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