coopheal
09-07 08:57 PM
Please remember its IV forum's policy that "All posts must be in English language. (http://immigrationvoice.org/wiki/index.php/IV_Wiki_Policy#Forum_Guidelines)".
No more discussion on language front please.
No more discussion on language front please.
Green_Print
07-25 02:59 PM
Yes, I had the same question and this is what my lawyer had told me
Thanks for the reply.
So, does that mean the title can totally change if the job responsibilities are 50% same ?
Thanks for the reply.
So, does that mean the title can totally change if the job responsibilities are 50% same ?
nashim
08-15 08:50 AM
It is not mandatory to join GC sponsor company while it is under process but it is mandatory to join after approval. Better to consult an attorney.
s416504
11-16 01:30 PM
After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee ??????????
Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?
Can any lawyer comment on this situation?
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?
Can any lawyer comment on this situation?
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
more...
pappusheth
05-02 12:02 AM
Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.
Thanks snathan. I do plan to carry I-797. When you say "you will be given till Aug 2009", what are you referring to?
Thanks snathan. I do plan to carry I-797. When you say "you will be given till Aug 2009", what are you referring to?
rajenk
08-12 12:46 PM
Thank you all for your response.
The reason for my opening a new thread is to get attention from other members to get my question answered. I did not want to bury my question in to those lengthy threads, and the chance of getting such question answered is highly improbable. OK now to my additional questions on this subject.
Questions:
1. Did you guys receive all the receipts (yours and dependents) together in a single postal mail?
2. If that is the case then in my situation should I safely assume my wife's application was rejected?
Please respond I have only 5 days to re-submit a new application for my wife. If I miss it then our whole GC dream will become a nightmare:(
My PD is 11/30/05 EB3
Thanks
Raj
The reason for my opening a new thread is to get attention from other members to get my question answered. I did not want to bury my question in to those lengthy threads, and the chance of getting such question answered is highly improbable. OK now to my additional questions on this subject.
Questions:
1. Did you guys receive all the receipts (yours and dependents) together in a single postal mail?
2. If that is the case then in my situation should I safely assume my wife's application was rejected?
Please respond I have only 5 days to re-submit a new application for my wife. If I miss it then our whole GC dream will become a nightmare:(
My PD is 11/30/05 EB3
Thanks
Raj
more...
InTheMoment
07-23 10:16 AM
What I have heard from others having the same issue is that they would put your given name as the last name (as it is the index in their db) and put the "FNU" (First Name Unknown) under the first name. I know, this is ridiculous as you have a first name ! Hope they have something like a "LNU" as well
You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)
This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.
You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)
This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.
americandesi
08-11 05:39 PM
That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
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needhelp!
03-10 03:00 PM
What is FOIA?
Freedom Of Information Act
See this: http://immigrationvoice.org/forum/showthread.php?t=22037
Freedom Of Information Act
See this: http://immigrationvoice.org/forum/showthread.php?t=22037
satya1234
03-29 08:49 PM
Thanks you very much for the reply.I appreciate.
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
more...
Berkeleybee
04-12 12:56 PM
Thanks for putting up the link Learning01. Karin got in touch with us and I had several calls with her cluing her into the facts and figures. She herself is an immigrant from Sweden.
Good to see our leads payoff.
best,
Berkeleybee
Good to see our leads payoff.
best,
Berkeleybee
singhsa3
06-01 08:31 PM
My apologies, I thought your were talking about H1 Labor
It will be great if someone can send me any reference to confirm that it is illegal..
It will be great if someone can send me any reference to confirm that it is illegal..
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martinvisalaw
06-29 05:14 PM
Hi Martin,
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
I think you'll find the answer in the FAQs on my website. I say there:
"You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94."
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
I think you'll find the answer in the FAQs on my website. I say there:
"You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94."
indyanguy
04-20 03:09 PM
I would be interested as well. Wife going for stamping in chennai in a week !! Anything I can do to prevent PIMS delay?
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kevin08
03-19 07:36 PM
Once you are 183 days on H1b (significant presence test), you become resident alien for federal tax purposes and file 1040 just like any other resident. From my experience in real estate, I am yet to encounter an IRS form that says H1b's shall be taxed 10% more. Can you request the IRS publication number from the source? I am curious.
aristotle
02-08 12:46 PM
You can say to your current employer that you want to try out something new, but if it doesn't work out you want to have the option of coming back.
If they like you enough, they will consider it. How long to leave it active is another question. Lets say you were able to port the PD to your new I140. If the old employer then revokes the I140, are you still ok with the old PD?
If they like you enough, they will consider it. How long to leave it active is another question. Lets say you were able to port the PD to your new I140. If the old employer then revokes the I140, are you still ok with the old PD?
more...
ravi.shah
02-07 11:01 AM
link??
Live Video - C-SPAN2 | C-SPAN (http://www.c-span.org/Live-Video/C-SPAN2/)
Live Video - C-SPAN2 | C-SPAN (http://www.c-span.org/Live-Video/C-SPAN2/)
chandra_mb
07-19 12:46 AM
Hi nlssubbu,
Thanks for the reply. We are in the US now, and already submitted all the papers etc.., to the lawyer. But the lawyer only applied for 485 on July 2nd. So we have to apply for EAD after we get the 485 receipt. Spouse might have to travel abroad due to a family issue, so was wondering if we can file the EAD without the dependents being here in the US. Thanks !.
Thanks for the reply. We are in the US now, and already submitted all the papers etc.., to the lawyer. But the lawyer only applied for 485 on July 2nd. So we have to apply for EAD after we get the 485 receipt. Spouse might have to travel abroad due to a family issue, so was wondering if we can file the EAD without the dependents being here in the US. Thanks !.
guchi472000
03-18 05:06 PM
How she can apply for EAD...? My PD are Jan 2006 EB2. How can i get her EAD card.
Please suggest me....
If you have some knowledge can u pls share plus if you suggest me any website from where i can take help that will be grateful.
Please suggest me....
If you have some knowledge can u pls share plus if you suggest me any website from where i can take help that will be grateful.
NYC-circuit
10-14 02:38 PM
Dear Friends,
After putting lot of pressure to my company the company lawyer did concurrent filing of i-140 and 485. The application was submitted and received my Nebraska on July 27th 2007.
I have not spoken to the attorney, when I called his office; his staff gave me a FedEx number for my application which showed that it reached Nebraska Service Center. I am assuming that the application was send out. My checks are not yet cashed; I have not received a receipt notice or any other document. Is there anyone else on my situation, I am starting to doubt if my application has gone out, please advice
Thanks
After putting lot of pressure to my company the company lawyer did concurrent filing of i-140 and 485. The application was submitted and received my Nebraska on July 27th 2007.
I have not spoken to the attorney, when I called his office; his staff gave me a FedEx number for my application which showed that it reached Nebraska Service Center. I am assuming that the application was send out. My checks are not yet cashed; I have not received a receipt notice or any other document. Is there anyone else on my situation, I am starting to doubt if my application has gone out, please advice
Thanks
chanduv23
07-11 11:45 AM
Hi Folks,
I am one of those guys who has EAD/AP and as per the latest (Aug 08) bulletin, my PD is current.
I just called USCIS and got my 3rd service request number since Oct 2007. So far nothing has happened.
I want to know if this is going to have a negative impact on my 485 approval in anyway? Am I not supposed to have my FP done before they can approve my 485? Isn't that a pre-requisite? I just don't want to miss one more boat due to USCIS screw ups.
Please advise/suggest...
Thanks.
Moderator: apologies for cross-posting but I needed an answer soon.
I am in the same boat. I spoke to my Attorney and she says, it is not an issue. They will ask for finger prints when they start looking at your case.
I am one of those guys who has EAD/AP and as per the latest (Aug 08) bulletin, my PD is current.
I just called USCIS and got my 3rd service request number since Oct 2007. So far nothing has happened.
I want to know if this is going to have a negative impact on my 485 approval in anyway? Am I not supposed to have my FP done before they can approve my 485? Isn't that a pre-requisite? I just don't want to miss one more boat due to USCIS screw ups.
Please advise/suggest...
Thanks.
Moderator: apologies for cross-posting but I needed an answer soon.
I am in the same boat. I spoke to my Attorney and she says, it is not an issue. They will ask for finger prints when they start looking at your case.
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