mytrix76
01-10 01:50 PM
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
Thank you guys.
So you mean when you came back on AP some time ago, you continued working for the same employer without switching to EAD and then were able to extend that H1 at later point without any problem?
Thanks
Thank you guys.
So you mean when you came back on AP some time ago, you continued working for the same employer without switching to EAD and then were able to extend that H1 at later point without any problem?
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martinvisalaw
03-17 11:50 AM
1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved? No, not legally. You cannot base the 485 on a job offer that no longer exists. If there is a chance that Co. A will rehire you in the same position, and they will provide a letter saying that, you could file. However, there really must be an intention to be in that position when the 485 is approved or you are committing fraud.
2. What are the documents needed from employer A, if I want apply I-485?
See previous answer.
3. All my friends telling me, I can apply I-485, Is it true?
See previous answer.
2. What are the documents needed from employer A, if I want apply I-485?
See previous answer.
3. All my friends telling me, I can apply I-485, Is it true?
See previous answer.
frostrated
08-10 12:00 PM
A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.
Best Wishes,
true, but she will not be able to work while on H4. She will also not be able to apply for any internships or work on campus.
Best Wishes,
true, but she will not be able to work while on H4. She will also not be able to apply for any internships or work on campus.
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cram
10-09 12:16 AM
My RFE is with regards to Employer's ability to pay. Somehow, my employer hasn't submitted anything yet and the deadline is on Thurs Oct. 11. What will happen if we are not able to submit anything by the deadline? Will the app automatically get denied?
more...
cagedcactus
05-02 01:54 PM
I just received an email from my lawyer that my I 140 was denied.
The reason stated was my company is not able to prove the funds to support my salary.
I am on 5 year of H1-b. Exactly one year left.
I dont want to stay with same company if I have to file fresh in PERM. What are the best options available for me now?
If I transfer the H-1, do I have enough time to get approve in PERM and a new I 140 to file extension for three more years on H1-b?
please help....
The reason stated was my company is not able to prove the funds to support my salary.
I am on 5 year of H1-b. Exactly one year left.
I dont want to stay with same company if I have to file fresh in PERM. What are the best options available for me now?
If I transfer the H-1, do I have enough time to get approve in PERM and a new I 140 to file extension for three more years on H1-b?
please help....
deardar
09-14 03:44 PM
i understood that. I was just kidding :D
The newly acquired ART OF BASHING has kept me on toes.
Scared to post .:p
The newly acquired ART OF BASHING has kept me on toes.
Scared to post .:p
more...
eilsoe
10-03 12:01 PM
I don't use actions... I'd rather have the procedures in my head.
Although I LOVE styles...
Although I LOVE styles...
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gconmymind
03-25 01:26 PM
I remember this bill being brought up last year also and was "supposed" to be passed but never even came up for voting...why do u anticipate this will go through this time? My wife is applying for her "H1B" and she is awaiting the lotto results...
I strongly disapprove of ppl waiting for their GC voicing against H1B cap increase because they have crossed that bridge and have H1B. I am only safely assume such ppl will voice against IV and all IV activities once they receive their GC...
H1B increase is ok, but it will cause further backlog for the new filers because of 7% country limit and very few visa numbers. Business is only interested in H1Bs as it gets them the workforce. A GC makes an employee freer and less valuable to a company????
I strongly disapprove of ppl waiting for their GC voicing against H1B cap increase because they have crossed that bridge and have H1B. I am only safely assume such ppl will voice against IV and all IV activities once they receive their GC...
H1B increase is ok, but it will cause further backlog for the new filers because of 7% country limit and very few visa numbers. Business is only interested in H1Bs as it gets them the workforce. A GC makes an employee freer and less valuable to a company????
more...
chanduv23
03-04 11:04 AM
Dear IV Lawyers,
First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.
We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.
i - 9 form clearly says that one cannot discriminate against EAD.
At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.
My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.
My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.
Your suggestions and comments are appreciated.
First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.
We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.
i - 9 form clearly says that one cannot discriminate against EAD.
At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.
My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.
My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.
Your suggestions and comments are appreciated.
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usdreams
05-25 02:01 PM
Hi kzinjuwadia,
Thank you for your reply, made me relaxed, hopefully, things will go smooth and without any RFE on my side, already had so many problems with my wife's case and hopefully, we will get her GC very soon thru the court (She was out of status on H4 and I-485 denied and she was put in deportation proceedings and we got retroactive H4 NPT Approval and filed the I-485 in the court and hopefully will get her GC soon since my PD is current).
Thanks Again.
I don't think infopass does any harm to you. it may give more info ahead of time. I had infopass on may 12 as one of my friends with later PD got the approval email. the IO told me the case is approved and approvals are mailed already. got the GC next day :) This is my experience. I don't know if anyone had a bad experience at infopass or something that caused additional problem for their case. I think your's is a genuine case as your PD is current and it's almost month end and many with PD after you are already approved.
Thank you for your reply, made me relaxed, hopefully, things will go smooth and without any RFE on my side, already had so many problems with my wife's case and hopefully, we will get her GC very soon thru the court (She was out of status on H4 and I-485 denied and she was put in deportation proceedings and we got retroactive H4 NPT Approval and filed the I-485 in the court and hopefully will get her GC soon since my PD is current).
Thanks Again.
I don't think infopass does any harm to you. it may give more info ahead of time. I had infopass on may 12 as one of my friends with later PD got the approval email. the IO told me the case is approved and approvals are mailed already. got the GC next day :) This is my experience. I don't know if anyone had a bad experience at infopass or something that caused additional problem for their case. I think your's is a genuine case as your PD is current and it's almost month end and many with PD after you are already approved.
more...
GCBy3000
01-03 04:37 PM
Yes, we should not restrict the contribution by $20 minimum.
When there are more than 6000+ registered members without contributing, for sure there will be several members who may think in future ( its my hope) to contribute in small steps before they get ready to contribute in big way.
Atleast it is my hope. I dont know what those registered members are waiting for. May be they want president Bush to become a member of core IV team. Even then, I dont think they will take a penny out from their wallet if they dont have the right attitude and desire to work as a team.
When there are more than 6000+ registered members without contributing, for sure there will be several members who may think in future ( its my hope) to contribute in small steps before they get ready to contribute in big way.
Atleast it is my hope. I dont know what those registered members are waiting for. May be they want president Bush to become a member of core IV team. Even then, I dont think they will take a penny out from their wallet if they dont have the right attitude and desire to work as a team.
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sasimks75
08-23 06:10 PM
To aarzoo, did you apply the I140 again in EB2? i am in the same boat. My lawyer said the samething and applied another i140 in Eb2. Can you please let me know your experience? Mine is applied in July 6th 2010.
more...
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Norristown
12-24 11:50 AM
Before July fiasco by USCIS, I was used to check murthy.com.immigrationportal websites for info on immigration issues.
During the July fiasco IV is the only website which was updating with more confidence.
Later it became a addiction to check IV morning and evening.
GO IV GO IV....
During the July fiasco IV is the only website which was updating with more confidence.
Later it became a addiction to check IV morning and evening.
GO IV GO IV....
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eb3_nepa
05-03 11:07 AM
Most US citizens have NO clue about our plight. They literally have ZERO clue about our plight. What is worse is, people who came here thru family based immigration have an equal amount of lack of clue about this problem. Right now all the citizens see in us is the enemy (they take our jobs away), they have no idea what kinda stuff we have to go thru to "take their jobs away"!
EVERY open avenue should be explored. Just that b4 contacting anyone who we are not a 100% certain, discuss with the core members or on the forum.
EVERY open avenue should be explored. Just that b4 contacting anyone who we are not a 100% certain, discuss with the core members or on the forum.
more...
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dish
04-07 06:05 PM
Backlog Cases:
Total Received: 363,000+
Total Completed: 108,000+
Total Certified: 50,000
Balance: 255,000
Full data entry will will be completed by 06/30/2006 as scheduled.
PERM:
Total Received: 80,272
Certified: 36,587
Denied: 23,305
Audit: 24,960
Withdrawn: 1,950
Now look at the maasive backlog of unprocessed cases in BEC. The Baclog Centers have received more than 363000 LCs and out of it 255000 are still untouched. given this pace they will take at least 5 yrs to finish processing all the applications. and DOL has added a graphic on their website claiming 18 months to go. They are just making FUN of US for yielding to their beaurocracy.
Total Received: 363,000+
Total Completed: 108,000+
Total Certified: 50,000
Balance: 255,000
Full data entry will will be completed by 06/30/2006 as scheduled.
PERM:
Total Received: 80,272
Certified: 36,587
Denied: 23,305
Audit: 24,960
Withdrawn: 1,950
Now look at the maasive backlog of unprocessed cases in BEC. The Baclog Centers have received more than 363000 LCs and out of it 255000 are still untouched. given this pace they will take at least 5 yrs to finish processing all the applications. and DOL has added a graphic on their website claiming 18 months to go. They are just making FUN of US for yielding to their beaurocracy.
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kaisersose
07-26 03:25 PM
To travel out of the US when a 485 is pending,
1. You should have AP or
2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt
So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.
1. You should have AP or
2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt
So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.
more...
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indio0617
12-13 01:08 PM
That was my thought process too. If the immigration systems is corrected then I believe EB3 and EB2 will become current. Then it does not make a difference. Even late 90's the retrogression was there for both Eb2 and Eb3. IN 1999 they opened up for Y2K and then again retrogressed in 2001-2002 I believe. But again after that it was all current till the current retrogression.
Exactly ! That is my line of thought too. IF there is going to be a fix, it will be a remedy across the board for all EB2 and EB3. I can live with EB3 lagging behind a bit too. I am not going to get bogged down by which one is faster.
It is important for us to contribute our bit to get some legislative fix, but it is futile to endlessly speculate which category will move faster.
Exactly ! That is my line of thought too. IF there is going to be a fix, it will be a remedy across the board for all EB2 and EB3. I can live with EB3 lagging behind a bit too. I am not going to get bogged down by which one is faster.
It is important for us to contribute our bit to get some legislative fix, but it is futile to endlessly speculate which category will move faster.
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Joey Foley
May 16th, 2005, 07:13 PM
Ok, this is something I don't think I have an eye for at all (or have ever had an eye for, yet).
I have a photo project for a other photo study I'm taken. It's to photo a beauiful outdoor vista (any outdoor scene I pick).
The objective is to produce a picture that gives a feeling of distance-a feeling of near or far.
The subject is to photo a wonderful view that stretches as far as the eye can see.
So am I even close or maybe getting close to achieving this?
What do you think?
I have some more to post but here's a few examples.
Comments,suggestions,anything?
Thanks again everyone for your help.
http://www.dphoto.us/forumphotos/data/511/medium/test2.jpg
http://www.dphoto.us/forumphotos/data/511/medium/test3.jpg
http://www.dphoto.us/forumphotos/data/511/medium/test5.jpg
http://www.dphoto.us/forumphotos/data/511/medium/test4.jpg
http://www.dphoto.us/forumphotos/data/511/medium/testing1.jpg
I have a photo project for a other photo study I'm taken. It's to photo a beauiful outdoor vista (any outdoor scene I pick).
The objective is to produce a picture that gives a feeling of distance-a feeling of near or far.
The subject is to photo a wonderful view that stretches as far as the eye can see.
So am I even close or maybe getting close to achieving this?
What do you think?
I have some more to post but here's a few examples.
Comments,suggestions,anything?
Thanks again everyone for your help.
http://www.dphoto.us/forumphotos/data/511/medium/test2.jpg
http://www.dphoto.us/forumphotos/data/511/medium/test3.jpg
http://www.dphoto.us/forumphotos/data/511/medium/test5.jpg
http://www.dphoto.us/forumphotos/data/511/medium/test4.jpg
http://www.dphoto.us/forumphotos/data/511/medium/testing1.jpg
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NKR
02-13 03:56 PM
Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
You guys deserve it after waiting for so long. The only way to check if the case has been adjudicated or not is to keep checking the LUDS, if it changes see what the status says. After being patient for so many years, if you are feeling a little impatient now call USCIS and check the status.
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
You guys deserve it after waiting for so long. The only way to check if the case has been adjudicated or not is to keep checking the LUDS, if it changes see what the status says. After being patient for so many years, if you are feeling a little impatient now call USCIS and check the status.
legal_la
07-12 12:11 PM
I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.
snathan
02-09 09:23 PM
Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Celebrate the good news and donate here at
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Celebrate the good news and donate here at
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
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