FinalGC
08-15 09:28 AM
I used to work for Claremont Tech and later CBSI purchased them. CBSI had to do a transfer of H1b and I did get a new H1 Make sure you follow up with your lawyers and have them do a new h1. Also keep all records like newspaper clippings and web postings of this new purchase, so that if ever you need to prove to USCIS that you are in the same company, you would have all documentation to prove it.
I would wait for sometime, until the dust settles in your new B company before you move to C
I would wait for sometime, until the dust settles in your new B company before you move to C
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Maverick_2008
04-16 09:14 AM
Friends, my EAD/AP will expire later this year along with my 8th year H-1B extension. My 140 isn't approved yet. Now, what happens if my employer wants to cut costs and says let's extend only your H-1B for now and let your EAD/AP expire? If I'm not wrong, filing for H-1B/H4 extension is cheaper than that for EAD/AP.
Specifically, these are my questions:
1. Can I extend EAD/AP on my own?
2. If I let my EAD/AP expire and continue working on H-1B, can I reinstate them (EAD and AP) at a later date in the future once my 140 is approved? In this scenario, there will be a gap between two successive EAD/APs.
Thanks.
Maverick_2008
______________________
EB3, India
PD: Feb 03
140/485 RD: July 26, 07, TSC
140/485 ND: Sept 17, 07, TSC
140/485 Status: Waiting..
Specifically, these are my questions:
1. Can I extend EAD/AP on my own?
2. If I let my EAD/AP expire and continue working on H-1B, can I reinstate them (EAD and AP) at a later date in the future once my 140 is approved? In this scenario, there will be a gap between two successive EAD/APs.
Thanks.
Maverick_2008
______________________
EB3, India
PD: Feb 03
140/485 RD: July 26, 07, TSC
140/485 ND: Sept 17, 07, TSC
140/485 Status: Waiting..
anilsal
10-24 10:49 AM
Yahoo has a program to basically field questions to various congressmen and senators (most of them are prominent).
On Oct 26th, Rep. Tom Davis is going to answer questions.
I have comment around #169 (look for a comment by janilsal) at:
http://news.yahoo.com/b/judy_woodruff/j_woodruff11183?rf=166#comments
In the future, there will be more law makers.
On Oct 26th, Rep. Tom Davis is going to answer questions.
I have comment around #169 (look for a comment by janilsal) at:
http://news.yahoo.com/b/judy_woodruff/j_woodruff11183?rf=166#comments
In the future, there will be more law makers.
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cooldude
07-19 09:58 AM
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Thanks a lot. It should be fine I guess then.
Thanks a lot. It should be fine I guess then.
more...
ItIsNotFunny
06-25 11:10 AM
Please take the above poll.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
This varies from company to company. Mine, company pays all attorney fees. I have to pay for EAD and Advance Parole USCIS fees. Their argument is valid, they say that they pay for GC process. EAD and AP are not required as they are paying for my H1. Still they pay attorney charges for EAD and AP.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
This varies from company to company. Mine, company pays all attorney fees. I have to pay for EAD and Advance Parole USCIS fees. Their argument is valid, they say that they pay for GC process. EAD and AP are not required as they are paying for my H1. Still they pay attorney charges for EAD and AP.
gondalguru
06-20 12:09 AM
All I can say is for J1 physician is different then regular J1 visa. If you are J1 physician you have to serve 3 years in an underserved area on H1b visa and then and then you can get your GC. If you file NIW for physician you can apply for I-140 and I-485 but you will get GC after 5 yrs of service in an underserved area.
more...
GC Struggle
04-21 09:17 AM
You time on EAD will also be counted unless the H1 is cancelled when you start using the EAD.
Here is a situation....
Assuming you are on H1 and have completed 2 years.. And would like to use your EAD.. After using your EAD for one year if you want to come back to H1 - it is possible. - If your employer has cancelled your H1 when you started using the EAD you will have remaining 4 years.. But if he has not cancelled then your time on H1 will continue to be counted along with EAD and you will have only 3 years remaining on the H1.
Here is a situation....
Assuming you are on H1 and have completed 2 years.. And would like to use your EAD.. After using your EAD for one year if you want to come back to H1 - it is possible. - If your employer has cancelled your H1 when you started using the EAD you will have remaining 4 years.. But if he has not cancelled then your time on H1 will continue to be counted along with EAD and you will have only 3 years remaining on the H1.
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anjans
08-28 03:33 PM
internal for who do u work DOS/USCIS u jerk
I think there have been enuf members writing about visa limit being reached for india/china EB-2. I wonder why ppl are still calling each other names when somebody posts something he things others will benefit from. This will defeat the purpose of this forum.
I think there have been enuf members writing about visa limit being reached for india/china EB-2. I wonder why ppl are still calling each other names when somebody posts something he things others will benefit from. This will defeat the purpose of this forum.
more...
fromnaija
07-18 06:11 PM
Photographs are not big-deal. USCIS will RFE for them.
Hi,
I am in the same situation too, my lawyer misplaced my wife photographs, but still went ahead and send the documents to USCIS.
Even i am worrying what would happen with my application.
LK
Hi,
I am in the same situation too, my lawyer misplaced my wife photographs, but still went ahead and send the documents to USCIS.
Even i am worrying what would happen with my application.
LK
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makemygc
07-26 09:21 AM
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.
more...
jungalee43
02-28 04:46 PM
I am joining for sure. Members please respond.
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jungalee43
02-17 08:36 PM
Sent you a PM
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peer123
07-18 07:25 PM
Hi Friends,
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
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sargon
01-16 11:04 AM
Hi,
I got laid off in dec-08....
As I am on job at present,...
Your post is confusing. If you got laid off, how come you are on job as yet?
Have you found a new job? Are you working on new H1 or EAD?
Please clarify before I can answer wisely.
I got laid off in dec-08....
As I am on job at present,...
Your post is confusing. If you got laid off, how come you are on job as yet?
Have you found a new job? Are you working on new H1 or EAD?
Please clarify before I can answer wisely.
more...
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karanp25
06-13 10:10 PM
Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
Were you qualified to file EB2 on the date your EB3 LC was filed? This is preposterous and i agree with earlier postings that EB3---> EB2 conversion should not be allowed. If you want eB2--then you should get a later priority date when u indeed became eligible for EB2.
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
Were you qualified to file EB2 on the date your EB3 LC was filed? This is preposterous and i agree with earlier postings that EB3---> EB2 conversion should not be allowed. If you want eB2--then you should get a later priority date when u indeed became eligible for EB2.
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fatjoe
08-25 07:49 PM
How do we know if our case is pre-adjudicated or nor, is it only a guess based on PD, that a case may pre-adjudicated.
Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.
PD - July 2004-EB2
I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
Attended interview at the local uscis on June 25th, 2009
Spouse alone second FP on July 5th , 2009
I
Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.
PD - July 2004-EB2
I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
Attended interview at the local uscis on June 25th, 2009
Spouse alone second FP on July 5th , 2009
I
more...
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yestogc
05-05 04:24 PM
yes 100% true, more salary is no concern. Designation and job roles is the key.
For marriage, attach
Marriage certificate, any joint accounts that you may have, marriage photos
For marriage, attach
Marriage certificate, any joint accounts that you may have, marriage photos
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eb3_nepa
09-07 12:10 PM
I am actually quite perturbed by this discussion. I feel there is NO need for an "American" accent. As long as your english pronounciation is clear and your grammer is strong, you should have NO problems.
If you have studied in English from Day one, you should feel good about yourself. You have already put in hard work since your childhood and you do not need to be embarassed that your English does not sound like the average American. As long as you do not have a VERY strong accent from whatever country you are from, I see NO reason to "Americanize" our English. If someone is doing it to improve their spoken English then I am all for it. If someone is doing it just to gain "acceptance" then I feel it is wrong. You are who you are. Right now you are NOT an American, you were NOT born here so then why should you talk exactly like an American when you are NOT an American??
Also I am not too happy at this being mentioned as an "Indian" specific issue. Citizens of almost EVERY country have their own accent. Indians, Chinese, Japanese,, Italians, Irish, British, East Europian they ALL have a unique accent. I dont see anyone criticizing the Irish, British or the Australian accents. I see some people in this forum making fun of just the Indian accent, so i thought i should clarify this point.
If you have studied in English from Day one, you should feel good about yourself. You have already put in hard work since your childhood and you do not need to be embarassed that your English does not sound like the average American. As long as you do not have a VERY strong accent from whatever country you are from, I see NO reason to "Americanize" our English. If someone is doing it to improve their spoken English then I am all for it. If someone is doing it just to gain "acceptance" then I feel it is wrong. You are who you are. Right now you are NOT an American, you were NOT born here so then why should you talk exactly like an American when you are NOT an American??
Also I am not too happy at this being mentioned as an "Indian" specific issue. Citizens of almost EVERY country have their own accent. Indians, Chinese, Japanese,, Italians, Irish, British, East Europian they ALL have a unique accent. I dont see anyone criticizing the Irish, British or the Australian accents. I see some people in this forum making fun of just the Indian accent, so i thought i should clarify this point.
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vin13
03-09 12:15 PM
I guess then she should ask her employer to cancel her H1 (best approach) or least keep documentation of her resignation letter (backup for future RFE). Smart way is to step out of country & come back on parole. Shortcut is to work in some place for a week on I9 like Walmart.
The employee need not do anything. As long as the employee has a valid status to live, they are fine.
Definately there is no need to step out of country and come back. There is no need to trigger the change by going through these steps.
I have changed H1-B several times in the last 11 years i have been in this country. I have invoked AC-21 twice. None of my previous employers revoked my H1-B. I am currently working on EAD. I did not have to leave the country and come back on parole.
The employee need not do anything. As long as the employee has a valid status to live, they are fine.
Definately there is no need to step out of country and come back. There is no need to trigger the change by going through these steps.
I have changed H1-B several times in the last 11 years i have been in this country. I have invoked AC-21 twice. None of my previous employers revoked my H1-B. I am currently working on EAD. I did not have to leave the country and come back on parole.
Canadian_Dream
07-24 07:03 PM
That's correct you cannot open a service request without a receipt, this was suggested to me because I was tracking my spouse's application and they accepted my receipt number. In a way it was a service request on my name.
You can do the following, use your I-140 receipt number. They only reason they need a receipt number is to track the person with the service request.
You can request that your I-485 was filed with the following I-140 XXX receipt number. This will start some kind of tracking on your I-485 application
for which no receipt has been issued in more that 45 days.
Don't read too much in IO's response, you will get different responses from each one of them.
I am sure you will get your receipts before July 30.
Thanks Canadian_Dream and mrcmic!
I just called NSC to put an service request. I was told no receipt #, no service request can be put in.
Further I was told, there was hold all application to be processed till 2days ago, hence they have started receipting again 2 days back. Hard to believe it. I said I am 11thJune filer, but the IO kept saying there was a hold till 2 days ago. According to IO, all applications will be receipted by30thJuly. But she repeatedly suggested to check the bank for encashed checks. She said 'no encashed checks, no receipt #'...
SO if no receipt #, then how do we file at service request ?? Is there a link to file an online service request?? (I couldn't find one)
Anybody else in the same boat?? Please let us know so that we can track each other's progress.
Thanks once again!
You can do the following, use your I-140 receipt number. They only reason they need a receipt number is to track the person with the service request.
You can request that your I-485 was filed with the following I-140 XXX receipt number. This will start some kind of tracking on your I-485 application
for which no receipt has been issued in more that 45 days.
Don't read too much in IO's response, you will get different responses from each one of them.
I am sure you will get your receipts before July 30.
Thanks Canadian_Dream and mrcmic!
I just called NSC to put an service request. I was told no receipt #, no service request can be put in.
Further I was told, there was hold all application to be processed till 2days ago, hence they have started receipting again 2 days back. Hard to believe it. I said I am 11thJune filer, but the IO kept saying there was a hold till 2 days ago. According to IO, all applications will be receipted by30thJuly. But she repeatedly suggested to check the bank for encashed checks. She said 'no encashed checks, no receipt #'...
SO if no receipt #, then how do we file at service request ?? Is there a link to file an online service request?? (I couldn't find one)
Anybody else in the same boat?? Please let us know so that we can track each other's progress.
Thanks once again!
longq
03-29 11:30 PM
If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -
:-)
Filing second PERM LC and EB2-140 for a higher level position may not consitute a fraud, if employer already filed EB3 I140. Going in downwards direction will looks like fraud.
My simple question,: Forget PD porting for a second.. In 140 form employer has to write reason that why second 140 was applied. In this case, what reason employer should write? Will they say that they are depromoting to lower level job.
Any way, it all depends on USCIS adjudicator. If he overlooks he may get benefit, otherwise it will be a problem for him.
:-)
Filing second PERM LC and EB2-140 for a higher level position may not consitute a fraud, if employer already filed EB3 I140. Going in downwards direction will looks like fraud.
My simple question,: Forget PD porting for a second.. In 140 form employer has to write reason that why second 140 was applied. In this case, what reason employer should write? Will they say that they are depromoting to lower level job.
Any way, it all depends on USCIS adjudicator. If he overlooks he may get benefit, otherwise it will be a problem for him.
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