karthikgk
02-19 07:01 PM
Thanks guys for making the effort to understand my situation.
i now need a couple of clarifications:
pune_guy, you are spot on in your interpretation that it would be a hard sell for an EB-2 application with the current employer.
So now, if I do change a job, I would have to use my EAD and hence I would have to join as an engineer(Because my understanding is, even though my current role is Business Development, my GC application is for an Engineer role and hence any new job based on EAD would have to be that of an Engineer).
Is that understanding correct?
Further, the new Eb-2 application from my would-be employer would be for an Engineer position.
Are my assumptions correct?
Thanks much
i now need a couple of clarifications:
pune_guy, you are spot on in your interpretation that it would be a hard sell for an EB-2 application with the current employer.
So now, if I do change a job, I would have to use my EAD and hence I would have to join as an engineer(Because my understanding is, even though my current role is Business Development, my GC application is for an Engineer role and hence any new job based on EAD would have to be that of an Engineer).
Is that understanding correct?
Further, the new Eb-2 application from my would-be employer would be for an Engineer position.
Are my assumptions correct?
Thanks much
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logiclife
06-01 07:04 PM
First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
pradeep_s
12-20 11:01 PM
Hi Msyedy,
Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.
Thank you,
pradeep
Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.
Thank you,
pradeep
2011 quot;Never Say Neverquot; (featuring
aau
08-08 10:37 AM
I have filed for my EAD and 485 in july 2007. I have not got my EAD due to Name check (dont know why they cannot issue EAD bcos of name check).
Well in my case USCIS did not give me any information.
So i had to call the senator office. Their office contacted the TSC, and got the information that my case is pending Name check.
Now i know my case is pending name check, whenever i call USCIS, they submit a request to provide me an update and ask me to call after 1 month, 2 months and like that.
So i have stopped calling USCIS and directly call the Senator office.
Infopass does not show any appointment dates in Altanta region. So i am relying on the Senator office.
So may be you can try calling the Senator office and ask them to followup with your case.
Should you call your Senator or Congressman - and does it matter? Thanks in advance ppl..
Well in my case USCIS did not give me any information.
So i had to call the senator office. Their office contacted the TSC, and got the information that my case is pending Name check.
Now i know my case is pending name check, whenever i call USCIS, they submit a request to provide me an update and ask me to call after 1 month, 2 months and like that.
So i have stopped calling USCIS and directly call the Senator office.
Infopass does not show any appointment dates in Altanta region. So i am relying on the Senator office.
So may be you can try calling the Senator office and ask them to followup with your case.
Should you call your Senator or Congressman - and does it matter? Thanks in advance ppl..
more...
rameshvaid
05-27 10:22 AM
I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.
Thanks Bfaldia for sharing the info..
RV
Thanks Bfaldia for sharing the info..
RV
sanju_dba
09-30 10:50 AM
Unfortunately NO. you cannot declare anything while leaving India.
My question is; Why do you really want to bring your jwellery here? Why not keep in some safety locker (bank) in India. Is it attractive to walk around with huge gold chains/bangles in the US? Also we have been hearing about burglaries in Indian households becuause of easy access to gold.
Buy gold and keep it in locker in India. Come here with some "duplicate gold" and live free.:D:D:D
Thats what we did when comming back to US in 2007 . but couldnot resist on few and bought along. Now those few are the one i am concerned about travelling back and forth!
Last time when i went to India took 10coins and had to feed the customs Rs.10K. Not sure if it was still a good math compared to pay cash and buy gold in India instead of travelling with coins.
My question is; Why do you really want to bring your jwellery here? Why not keep in some safety locker (bank) in India. Is it attractive to walk around with huge gold chains/bangles in the US? Also we have been hearing about burglaries in Indian households becuause of easy access to gold.
Buy gold and keep it in locker in India. Come here with some "duplicate gold" and live free.:D:D:D
Thats what we did when comming back to US in 2007 . but couldnot resist on few and bought along. Now those few are the one i am concerned about travelling back and forth!
Last time when i went to India took 10coins and had to feed the customs Rs.10K. Not sure if it was still a good math compared to pay cash and buy gold in India instead of travelling with coins.
more...
gc_chahiye
10-02 03:06 PM
I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
appeal is the only way out. With the I-140 gone, so is the 485 and EAD at this point.
You cant port the PD (porting PD requires an approved I-140)
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
appeal is the only way out. With the I-140 gone, so is the 485 and EAD at this point.
You cant port the PD (porting PD requires an approved I-140)
2010 Never Say Never - Justin
21stIcon
09-23 04:41 AM
Buying a house is a big decision and there is nothing wrong in asking others. This forum is all about sharing views if you don�t have something nice to say or don�t have any idea about housing stop commenting.
He has never shared his opinion or thoughts about economy or housing, simply wants to buy a house. we need people like him to move housing inventory and spend most of his monthly income on housing payments
He has never shared his opinion or thoughts about economy or housing, simply wants to buy a house. we need people like him to move housing inventory and spend most of his monthly income on housing payments
more...
indianabacklog
10-25 02:29 PM
Ok, count on me and will be there at 11:00 am.
See you Saturday, please see the previous reply to USIRIT as I suggest we meet outside.
See you Saturday, please see the previous reply to USIRIT as I suggest we meet outside.
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axp817
07-05 11:31 AM
Can these 200 please contribute to the agenda laid out by IV, instead?
thanks,
thanks,
more...
chunky
07-26 03:12 PM
Her project is ending and her emplyer told that there is no more project.
Can one stay in US in AOS pendings tage
Can one stay in US in AOS pendings tage
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kishdam
02-06 03:44 PM
Do you work for saicon.. I also signed something like this.
No. I work for an established software product company. Did anyone at your employer left and what were consequences. At my office not all signed this and they still continued application.
No. I work for an established software product company. Did anyone at your employer left and what were consequences. At my office not all signed this and they still continued application.
more...
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ilikekilo
04-20 04:57 PM
Hi Guys,
My experience with driver's license renewal in Ohio with EAD/expired-H1 was a pleasant surprise.
All I said was that I was a green card applicant, showed them my I-485 application receipt, and got a license valid for 4 years.
Smooth. What a surprise.
not sure what city you got in, but I was in Ohio for 7 yrs and never got 4 years, I got only until I94 or EAD exp date..mine was in cleveland...
My experience with driver's license renewal in Ohio with EAD/expired-H1 was a pleasant surprise.
All I said was that I was a green card applicant, showed them my I-485 application receipt, and got a license valid for 4 years.
Smooth. What a surprise.
not sure what city you got in, but I was in Ohio for 7 yrs and never got 4 years, I got only until I94 or EAD exp date..mine was in cleveland...
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mvijay85
08-04 07:58 AM
Hi,
I am eager to know what happened to your brother's visa?
It will help me a lot!
Thanks,
Vijay
I am eager to know what happened to your brother's visa?
It will help me a lot!
Thanks,
Vijay
more...
pictures Justin Bieber - Never Say
ck_b2001
09-11 09:03 PM
i am not sure if my lawyer has the receipts. my case was sent on 6.29.2007 and received on july 2nd.
i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.
sent Jun 29th, recieved Jul 2nd at TSC. Got FP notice for 10/03. Lawyer recieved Reciepts yesterday with Notice Date of 09/05. LUD was 9/3. Website says they recieved app 30 aug (did not make sense to me). Lawyer further told me i will get EAD Card directly before they will recieve approval notice. AP will be recieved by lawyers directly.
i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.
sent Jun 29th, recieved Jul 2nd at TSC. Got FP notice for 10/03. Lawyer recieved Reciepts yesterday with Notice Date of 09/05. LUD was 9/3. Website says they recieved app 30 aug (did not make sense to me). Lawyer further told me i will get EAD Card directly before they will recieve approval notice. AP will be recieved by lawyers directly.
dresses Justin Bieber Never Say Never
nozerd
01-17 09:35 AM
Go ahead and apply for a birth certificate from your nearest US Embassy/Consulate.
You will need one anyway when you do file I 485 or CP so might as well keep it ready now.
You will need one anyway when you do file I 485 or CP so might as well keep it ready now.
more...
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sheela
08-06 12:35 PM
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
Congrats!!!
Quick question: What is the best time to check for update on USCIS site. Does it happen all the time/real time/ morning/evening. It will prevent/help people visiting case status every now-and-then.
Congrats!!!
Quick question: What is the best time to check for update on USCIS site. Does it happen all the time/real time/ morning/evening. It will prevent/help people visiting case status every now-and-then.
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validIV
06-16 11:09 AM
Thank you Ms. Martin for your replies, it has been very helpful. As a follow up to hiralal's post, I have a question regarding H-1 status, totally unrelated to the original poster.
If one has a valid H-1, already extended beyond 6 years and is valid till 2011, has a pending I-485: what happens when that I-485 is denied? Is the H-1 status lost immdeiately as is the EAD/AP situation?
If one has a valid H-1, already extended beyond 6 years and is valid till 2011, has a pending I-485: what happens when that I-485 is denied? Is the H-1 status lost immdeiately as is the EAD/AP situation?
hairstyles Justin Bieber - Never Say
reachinus
12-24 11:07 AM
Nope - it does not legally bind you though it hurts your credibility.
As per H1 rules he must have paid you all the months since you joined him. If he is not going to give you the pay stubs then it will be a problem for you when you apply for your GC. Ask him politely to pay what even he owes you and that too with paystubs. If he creates any problem then tell him that you are going to file a complaing with DOL and also since he will not give you the correct pay stubs that you will report to IRS and will use subsititute W2.
Hope this helps.
As per H1 rules he must have paid you all the months since you joined him. If he is not going to give you the pay stubs then it will be a problem for you when you apply for your GC. Ask him politely to pay what even he owes you and that too with paystubs. If he creates any problem then tell him that you are going to file a complaing with DOL and also since he will not give you the correct pay stubs that you will report to IRS and will use subsititute W2.
Hope this helps.
rameshk75
08-04 01:37 PM
Please refer to the detailed note on SS update after GC:
http://immigrationvoice.org/forum/showthread.php?t=20610
Good info..
http://immigrationvoice.org/forum/showthread.php?t=20610
Good info..
sriteam
07-07 02:04 PM
Rated 5 starts.
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