wandmaker
10-22 11:42 PM
Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
he and his wife both are working on EAD so they do not have non-immigrant status. If his application is denied, eventually spouse will also get denied. You are legal until it gets denied. Even after denial, you can appeal.... but it all depends on reason for denial. Thats what i mean :)
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
he and his wife both are working on EAD so they do not have non-immigrant status. If his application is denied, eventually spouse will also get denied. You are legal until it gets denied. Even after denial, you can appeal.... but it all depends on reason for denial. Thats what i mean :)
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peer123
07-19 07:43 AM
Read my posts on this subject in the archives and do not start new threads on the same topic. It helps keeping information in one place.
papu can you please add the link to that thread.
papu can you please add the link to that thread.
whitecollarslave
02-12 12:28 AM
As valid an argument it may be, buying a house as a bargaining tactic will create a lot of bad publicity and would be counter-productive. I think if we want to do gandhigiri, lets send flowers to Senator Grassley. If you want to make an impact, do the unusual.
Imagine how media will report something like that. Even when Grassley is dead against EB people, those very same people are sending flowers to him, not asking for anything, not demanding anything, just respectfully reminding him that not all immigrants are bad, some are really instrumental to making this country great.
We should write a simple, short, positive, and respectful message without sarcasm and without asking for anything. Instead of saying how we can be helpful *if* we have a green card, lets just focus on how we are already a positive contribution to American economy and national interest despite the clouds of uncertainty. Some things are better left unsaid to get the message across. Instead of us saying it, let the media report it - imagine how much more their contribution could be if they had green card.
Here are some suggestions for short messages -
I am a physician with NIW working in town/area which is medically under served. I am not taking away any American jobs.
I am foreign but not cheap. I earn xxx. My income is x% above average wage in my profession; x% above the higher end of prevailing wage standards set by DOL. In addition, my employer is paying 10-20K in immigration costs, some of which goes to train more Americans in STEM.
I am doing research in some field of humanitarian or national interest. e.g. bio medicine, green technologies, etc.
Imagine how media will report something like that. Even when Grassley is dead against EB people, those very same people are sending flowers to him, not asking for anything, not demanding anything, just respectfully reminding him that not all immigrants are bad, some are really instrumental to making this country great.
We should write a simple, short, positive, and respectful message without sarcasm and without asking for anything. Instead of saying how we can be helpful *if* we have a green card, lets just focus on how we are already a positive contribution to American economy and national interest despite the clouds of uncertainty. Some things are better left unsaid to get the message across. Instead of us saying it, let the media report it - imagine how much more their contribution could be if they had green card.
Here are some suggestions for short messages -
I am a physician with NIW working in town/area which is medically under served. I am not taking away any American jobs.
I am foreign but not cheap. I earn xxx. My income is x% above average wage in my profession; x% above the higher end of prevailing wage standards set by DOL. In addition, my employer is paying 10-20K in immigration costs, some of which goes to train more Americans in STEM.
I am doing research in some field of humanitarian or national interest. e.g. bio medicine, green technologies, etc.
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go_guy123
03-12 01:12 PM
In addition to the above questions:
USICS had stopped the movement of EB2/EB3 dates by not allotting visas and on the other hand they had also added too many restrictions on H1 extension [like valid Purchase Order for all visa extension], no matter you have approved I-140. These days they give H1 extn for only that period of time till PO is valid. That means if the PO is valid for 4 monnths one gets H1 extn for 4 months only and if it 6 mths then extension for only 6 months. This means that after 4,6 months one again has to apply for H1/H4 extensions and again pay all those fees.
This really sucks !!
Is the intention of all these laws is to catch fraud or kick out all immigrants from this country ?
:mad::mad::mad::mad::mad:
Yes, to some extent they do want to end the use of H1B for contract related jobs.
Benching, percentage basis etc were not in H1B rules. Now they are trying to crack down on all that. They are trying to make the H1B-body shopper business model un-viable.
USICS had stopped the movement of EB2/EB3 dates by not allotting visas and on the other hand they had also added too many restrictions on H1 extension [like valid Purchase Order for all visa extension], no matter you have approved I-140. These days they give H1 extn for only that period of time till PO is valid. That means if the PO is valid for 4 monnths one gets H1 extn for 4 months only and if it 6 mths then extension for only 6 months. This means that after 4,6 months one again has to apply for H1/H4 extensions and again pay all those fees.
This really sucks !!
Is the intention of all these laws is to catch fraud or kick out all immigrants from this country ?
:mad::mad::mad::mad::mad:
Yes, to some extent they do want to end the use of H1B for contract related jobs.
Benching, percentage basis etc were not in H1B rules. Now they are trying to crack down on all that. They are trying to make the H1B-body shopper business model un-viable.
more...
mrajatish
03-25 12:10 PM
Again, I want to point somethingout and that is because I myself work in that field - there are people with MS in Computer Science working in core Systems which require their Masters degree knowledge. So, it is not like IT is not included, people with masters in Computer Science is included in STEM.
lecter
February 27th, 2004, 06:20 AM
I think 5 a week from us all is a grand amount.....
I am doing ten.....(sete an easy target for my self)
:)
I am doing ten.....(sete an easy target for my self)
:)
more...
snathan
11-27 01:16 PM
My situation:
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.
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lostinbeta
10-21 04:02 AM
But what if you don't like jelly-bellys? or your hand gets stuck reaching in? Ahhh... nevermind.
Weird analogy though :)
Weird analogy though :)
more...
go_gc_way
08-29 03:32 PM
But how will get your final step completed ... which is consular processing.
I was thinking you need your passlips (?) as proof of employment.
Sorry if I am pulling this to the top of discussion forums, this is an interesting question, given there will be many people stuck with retrogression and not being able to apply 485.
I was thinking you need your passlips (?) as proof of employment.
Sorry if I am pulling this to the top of discussion forums, this is an interesting question, given there will be many people stuck with retrogression and not being able to apply 485.
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kprgroup
02-01 11:30 AM
Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years H1 extension until 2013.
Thanks Everyone
KPR
Thanks Everyone
KPR
more...
vxg
09-17 11:48 PM
Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Per my lawyer stamp is risky as it can be forged. carry your GC approval notice with you if you have it else have it fedex to you. Carry an advance parole if you have one valid. I suggest travel only if emergency else avoid.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Per my lawyer stamp is risky as it can be forged. carry your GC approval notice with you if you have it else have it fedex to you. Carry an advance parole if you have one valid. I suggest travel only if emergency else avoid.
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eb3retro
04-09 01:27 PM
hassan,
If I were you I would keep the AP also in hand, just in case, you know to be on the safe side. we spend so much money in this freakin GC journey, may be AP is worth it, cos, you dont want issues after spending 24 hours of travelling of facing this crap in the POE.
If I were you I would keep the AP also in hand, just in case, you know to be on the safe side. we spend so much money in this freakin GC journey, may be AP is worth it, cos, you dont want issues after spending 24 hours of travelling of facing this crap in the POE.
more...
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a_to_z_gc
01-22 07:29 PM
Try marrying a US citizen, that may be your only hope looking at the current situation (Just kidding)
EB2-India is Unavailable-That's true for the remainder of the year. So take your pick ...
Welcome to the party...
EB2-India is Unavailable-That's true for the remainder of the year. So take your pick ...
Welcome to the party...
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wandmaker
06-12 05:56 PM
What is "Letter of Acquirement�
Can you please tell me what is "Letter of Acquirement�'
My company is Acquired too, the New Employer just gave me a Letter Copy
explaining the Merger, do Official docs were shared with me.
From whom did u get this letter.
Letter of Acquirement is a letter addressed to each and every employee in the current company's letter head stating that the company A has been acquired by company B.
Can you please tell me what is "Letter of Acquirement�'
My company is Acquired too, the New Employer just gave me a Letter Copy
explaining the Merger, do Official docs were shared with me.
From whom did u get this letter.
Letter of Acquirement is a letter addressed to each and every employee in the current company's letter head stating that the company A has been acquired by company B.
more...
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ras
06-04 02:34 PM
This is useful for those singles who have applied for green card but are worried about getting it before being married. And there appears to be quite a number of them.
Even if it is not useful for all those married green card applicants, this is a huge thing for the singles even if they are in the long Q. This is a long term solution for a section of the IV community. Because it is not useful to married doesn't mean that it is not relevant to IV community.
I have seen people who didn't apply during July fiasco though they are eligible just because they cannot bring the spouse if they get married. Absolutely it is relevant to all those singles out there in this community.
Even if it is not useful for all those married green card applicants, this is a huge thing for the singles even if they are in the long Q. This is a long term solution for a section of the IV community. Because it is not useful to married doesn't mean that it is not relevant to IV community.
I have seen people who didn't apply during July fiasco though they are eligible just because they cannot bring the spouse if they get married. Absolutely it is relevant to all those singles out there in this community.
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sbmallik
10-19 10:13 AM
Answers below:
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
4. Not heard about that.
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
4. Not heard about that.
more...
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dilbert_cal
04-25 12:04 AM
WillGetGC2005 - here is my understanding of your case :-
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
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msr999
03-03 08:41 PM
EB2 gets unused EB1 quota. So potentially more GC numbers under EB2. Now I am not sure if EB1 is fully utilized or not so it might not really matter.
I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
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vbkris77
01-25 05:02 PM
It is upto employer lawyer to help.. It is a bad remark on the company.. So approach your company and have them work with consulate..
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
learning01
05-23 02:31 PM
Currently there is no way to pay this USD 100 from US. You have to arrange a contact, your relative etc, ask them to go to designated HDFC banks in India, pay the fees. Get the bar code # on the HDFC receipt over phone, and using that start filling an online application.
Remember, you NEED the ORIGINAL receipt to attend the visa interview. So, get it by Regd. Post or let your contact keep it in a safe place, you collect that when you meet him in India.
please tell me how can we pay $100 fee through online from USA. for getting that receipt number in order to file application for stamping?
Jc_gc
Remember, you NEED the ORIGINAL receipt to attend the visa interview. So, get it by Regd. Post or let your contact keep it in a safe place, you collect that when you meet him in India.
please tell me how can we pay $100 fee through online from USA. for getting that receipt number in order to file application for stamping?
Jc_gc
superdude
07-26 02:18 PM
assuming you don't have all your I-94s and I797s,
having W-2s/paystubs for all the years is enough to prove that you have always been in status?
Please do not make assumptions and post message like this. People come here for information. For these kinda questions, add some meaningful title, You know what I am talking about.
having W-2s/paystubs for all the years is enough to prove that you have always been in status?
Please do not make assumptions and post message like this. People come here for information. For these kinda questions, add some meaningful title, You know what I am talking about.
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