zofa30
09-14 11:52 AM
bc_rp,
Thanks for your reply.
For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?
Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.
Thanks
Thanks for your reply.
For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?
Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.
Thanks
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vvincent72
08-16 04:59 PM
As per me, you really have to do "nothing"
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
virtual55
07-29 03:28 PM
In Texas Service Center, they are not processing I-140 cases filed in the month July end and August. They kept the side. God knows about their future. But they are processing 2008 April and may cases also.
Where is FIFO? They should follow FIFO. Lot of those cases were BEC labor applications. So BEC guys suffered 3 yrs in backlog ceter, no justice there. No justice in USCIS even, waiting more than 1 yr for I-140 processing.
It is not fair.
This is true, they are not processing I-140's filed during July 2007,Aug 2007,June 2007 time period. USCIS has become another backlog center and no FIFO. I hope IV leaders are bringing this issue in their meetings with USCIS.
Where is FIFO? They should follow FIFO. Lot of those cases were BEC labor applications. So BEC guys suffered 3 yrs in backlog ceter, no justice there. No justice in USCIS even, waiting more than 1 yr for I-140 processing.
It is not fair.
This is true, they are not processing I-140's filed during July 2007,Aug 2007,June 2007 time period. USCIS has become another backlog center and no FIFO. I hope IV leaders are bringing this issue in their meetings with USCIS.
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gpr
07-30 07:11 PM
My EAD application is still pending while it got approved for my spouse within a month.
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chanduv23
08-10 11:48 AM
Close This Thread
milind70
07-18 09:39 PM
Who said that concurent filing is available for PERM only ???
That is not true right ????
Somebody please clarify !
Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.
That is not true right ????
Somebody please clarify !
Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.
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rahul98
07-17 07:07 PM
Great job IV..I am proud to be a part of IV.
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paskal
11-09 11:47 AM
to those who replied, i'm sure iv can use all your skills
please make sure your profiles are completed, we cannot proceed without basic contact information on you.
we may eventually ask you for a resume- not that we need all the details but it does help understand background and skills and you will get a much better fit for your volunteer work. this is something we have learnt from past experience...
everyone willing to help is welcome. please do not forget the profile!!!
please make sure your profiles are completed, we cannot proceed without basic contact information on you.
we may eventually ask you for a resume- not that we need all the details but it does help understand background and skills and you will get a much better fit for your volunteer work. this is something we have learnt from past experience...
everyone willing to help is welcome. please do not forget the profile!!!
more...
cfan666666
06-27 03:23 PM
I will send my I-485, I-131 and I-765 to this address:
IMMIGRATION & NATURALIZATION SERVICE
TEXAS SERVICE CENTER
PO BOX 851488 - DEPT A
MESQUITE TX 75185-1488
It's the address on my I-140 approval notice. Have called USCIS, the answer said you can send you I-485 to the address on you I-140 approval notice.
Good luck
IMMIGRATION & NATURALIZATION SERVICE
TEXAS SERVICE CENTER
PO BOX 851488 - DEPT A
MESQUITE TX 75185-1488
It's the address on my I-140 approval notice. Have called USCIS, the answer said you can send you I-485 to the address on you I-140 approval notice.
Good luck
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NewDocinUS
02-05 06:53 PM
wow!! IV has been very productive for you NewDoc..Would u like to contribute to IV if you get this post? And Bonus if you can convince some of your friends to join IV and contribute too ...
I will do my best for IV. All I can do for now is tell all my friends and educate them on the issue. I cannot contribute as I do not earn as of now.
I will do my best for IV. All I can do for now is tell all my friends and educate them on the issue. I cannot contribute as I do not earn as of now.
more...
franklin
07-17 06:04 PM
Send a donation instead
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
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crystal
07-26 03:40 PM
In my case ,to avoid the hassels and to have a permanent(?) address in i-485, i took a new lease a month early than what i thought initially . (So I ended up paying rent at two places becase of the July bulletin and USCIS address change horror stories that i heard ) . a thousand dollar clean waste.Another way USCIS helping US economy
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rajev_kk
07-14 11:17 PM
Thanks for the information.
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gopi246
03-20 11:12 AM
I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
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sanju
01-22 03:39 PM
Hello,
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
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ras
04-03 11:12 AM
I do not see any harm in replying to an RFE even if it is late. You should really be pushing your employer and attorney to respond to this RFE at the EARLIEST.
It might also help to give a reason as to why you were late in responding.
There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.
It might also help to give a reason as to why you were late in responding.
There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.
more...
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bb8185
06-05 10:54 AM
You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."
Elaine, many thanks for taking the time to be on this forum.
Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.
Many thanks again
Elaine, many thanks for taking the time to be on this forum.
Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.
Many thanks again
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TexDBoy
09-10 09:09 PM
If your Opt is till Dec ... why did you get H1B with no I-94 ...
I thought that only happens if you have gap between OPT and H1B ...
I thought that only happens if you have gap between OPT and H1B ...
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vxg
08-31 02:03 PM
Best thing is to apply AP online. I did the same and got the FP notice 2nd time. Planning to do it again this year end.
kanaka
The FP done for AP does not apply to I-485, the two are separate.
kanaka
The FP done for AP does not apply to I-485, the two are separate.
Ann Ruben
07-13 08:33 AM
Dear gc-rip,
1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?
Assuming your I-485 has been pending for more than 180 days and your I-140 has been approved, the employer's request to withdraw the I-140 would not invalidate your A/P. As long as you can show that full time permanent US employment in a "same or similar occupation" will be available to you once your PD is current, you are entitled to enter the US using your AP at any time prior to its expiration.
2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?
According to minutes of a 2004 USCIS liaison meeting:
USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.
Unfortunately, informal statements such as this are not legally binding and easily subject to change.
1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?
Assuming your I-485 has been pending for more than 180 days and your I-140 has been approved, the employer's request to withdraw the I-140 would not invalidate your A/P. As long as you can show that full time permanent US employment in a "same or similar occupation" will be available to you once your PD is current, you are entitled to enter the US using your AP at any time prior to its expiration.
2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?
According to minutes of a 2004 USCIS liaison meeting:
USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.
Unfortunately, informal statements such as this are not legally binding and easily subject to change.
martinvisalaw
07-16 05:59 PM
I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.
As regards whether a reimbursement agreement is enforceable - it depends on state law.
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.
As regards whether a reimbursement agreement is enforceable - it depends on state law.
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