dhesha
04-18 06:32 PM
Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.
Thanks.
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
Thanks.
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
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gc_check
02-13 04:34 PM
Hello All,
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.
cagedcactus
11-09 09:17 AM
this sounds a bit complicated and I doubt anyone here is qualified enough to give you a true answer.
Maybe talking to several lawyers will help you in best manner. I had a similar scenario. Although I had the original labor. (not substituted)
I paid a few laywers their time, and went to talk with them.
They suggested an appeal with explanation, and proper supporting documents.
Talk with your lawyer. Your company must show the ability to pay, through all the tax returns, and incomes and all that jazz...
Maybe talking to several lawyers will help you in best manner. I had a similar scenario. Although I had the original labor. (not substituted)
I paid a few laywers their time, and went to talk with them.
They suggested an appeal with explanation, and proper supporting documents.
Talk with your lawyer. Your company must show the ability to pay, through all the tax returns, and incomes and all that jazz...
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gc_on_demand
05-19 10:18 AM
bump
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MrWaitingGC
06-01 07:12 PM
One of our colleague was a project lead but on L1/L1A visa and they applied him showing as multinational manager and he got gc in 3 months. I just kept watching as I work as a consultant for a consulting firm waiting in line for GC.So I think its all luck.
Pagal
01-28 09:35 AM
Hello,
Congratulations! Hope you continue to support IV in the future as well ... through time and/or money... :)
Congratulations! Hope you continue to support IV in the future as well ... through time and/or money... :)
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rpat1968
09-06 03:43 PM
You should get yours in 1-2 days
My wife received her FP notice 2 days ago and I am still waiting for FP notices for me and my daughter.
My wife received her FP notice 2 days ago and I am still waiting for FP notices for me and my daughter.
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wandmaker
08-17 12:31 AM
You will have to include Medical (if you dont have time send it after you receive the RFE). Take sometime to search for HOW TO SKIP MAIL ROOM, many people have done that during July 2007 fiasco.
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
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starving_dog
09-02 02:01 AM
I'm glad to hear that you are well. Have a great Labor Day weekend.
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colors
09-23 12:26 PM
We will watch and see ... soft LUDs on my case too.
thanks
thanks
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anai
07-09 07:06 AM
http://seeker.dice.com/jobsearch/servlet/JobSearch?op=302&dockey=xml/9/7/974f8dfa5aa7d67486264fef13a9dbbf@endecaindex&source=4&bb=1
Thought the least I could do was to name and shame such pimps. Though I seriously doubt if such folks are capable of feeling any shame.
Good that you are exposing such cases. But please change the title of the thread to be in English; this is an English language forum.
Thought the least I could do was to name and shame such pimps. Though I seriously doubt if such folks are capable of feeling any shame.
Good that you are exposing such cases. But please change the title of the thread to be in English; this is an English language forum.
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techbuyer77
06-24 08:25 PM
my lawyer asked for 3 years tax return for my and my husband
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gotgc?
11-19 12:41 PM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Same situation for us in May 2008 when we travelled to Canada...my wife was on H4; then started working on EAD. We had APs as well. But, we also had a valid visa stamping in our passport until May 2009. My lawyer told us that either is ok. But, asked us to use H1B/H4 and we did that. Use of EAD does not mandate H4 person to give up that status. But use of EAD mandates H1 person to give up that status. Since I am still on H1, we used H-1B/H-4. Even, when we applied for our AP/EAD renewals we mentioned that last manner of entry as H1/H4. If you are on EAD, then you have to use AP.
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Same situation for us in May 2008 when we travelled to Canada...my wife was on H4; then started working on EAD. We had APs as well. But, we also had a valid visa stamping in our passport until May 2009. My lawyer told us that either is ok. But, asked us to use H1B/H4 and we did that. Use of EAD does not mandate H4 person to give up that status. But use of EAD mandates H1 person to give up that status. Since I am still on H1, we used H-1B/H-4. Even, when we applied for our AP/EAD renewals we mentioned that last manner of entry as H1/H4. If you are on EAD, then you have to use AP.
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glus
08-10 09:49 AM
Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
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kittu1991
07-17 07:18 PM
We travelled last year from Kochi to SFO with no issue. Yes you have to go secondary room. Based on the number of people ahead of you, your wait can vary. But once its your turn it should take only less than 5 mins.
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txh1b
08-18 12:19 PM
Currently i am asking my employer to refund me the Medical expenses that they have been charging me without my knowledge. Since they are not responding back to my questions, i have threatened them that i will pursue for my GC expenses also that they promised to cover (also documented in my offer letter).
My current status is EAD and i no longer work for that Employer and i am out of job and looking for employment right now.
This seems to be a civil issue and no govertment agency will be able to help you as far as medical charges go. With regards to the GC fees, only Labor costs have to be paid by the employer after July 2007. Rest of it can be legally passed over to you. I think you have no claim whatsoever that will interest a govt agency if the labor was filed before July 2007.
My current status is EAD and i no longer work for that Employer and i am out of job and looking for employment right now.
This seems to be a civil issue and no govertment agency will be able to help you as far as medical charges go. With regards to the GC fees, only Labor costs have to be paid by the employer after July 2007. Rest of it can be legally passed over to you. I think you have no claim whatsoever that will interest a govt agency if the labor was filed before July 2007.
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panky72
06-25 05:07 PM
sure, pls verify with lawyer to be safe
common consensus seems to be -->
if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)
hope this helps...
I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.
common consensus seems to be -->
if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)
hope this helps...
I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.
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satishku_2000
02-26 07:36 PM
I am just wondering where we can find text of legislation ...
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Britsabroad
December 2nd, 2008, 06:34 PM
Hey Ed - I chickened out on the Abes deal after reading the reviews - sounds like they make you work hard for your discount. If you went for it, let me know the outcome.
So what made you switch?
Well... A friend of mine has a photography business and uses Nikon kit. For a long time I have been impressed by her out of the camera images (color and skin tones), particularly flash shots. She was achieving good looking images with far less processing than me. Her nikon zooms were great wide open too - mine were just OK (on a 20d) I was hoping that Canon would take a hint, & come up with a feature set to compete with the d300. They didnt do it, so I jumped ship!
So what made you switch?
Well... A friend of mine has a photography business and uses Nikon kit. For a long time I have been impressed by her out of the camera images (color and skin tones), particularly flash shots. She was achieving good looking images with far less processing than me. Her nikon zooms were great wide open too - mine were just OK (on a 20d) I was hoping that Canon would take a hint, & come up with a feature set to compete with the d300. They didnt do it, so I jumped ship!
looivy
10-11 06:12 PM
Can IV help expedite I-140 processing? It would benefit a lot of folks who have EAD but do not have I-140 approved yet?
Thanks.
Thanks.
Ramba
04-09 06:08 PM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.
However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.
However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
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