validIV
03-20 05:14 PM
Wow. This is gonna hurt a lot of people.
number30
03-27 04:08 PM
I dont understand.
Why is it limited to 5%?
If you have more then 5% equity in the business you will go the inverstor category EB5. So green card is not approvable in EB1, EB2 or EB3
Why is it limited to 5%?
If you have more then 5% equity in the business you will go the inverstor category EB5. So green card is not approvable in EB1, EB2 or EB3
abh
08-21 12:15 PM
I couldn't get good rep 10-15 times i called USCIS to tell me more detail than what shows online. One thing i can think of is i was pregnant at the time of my medical and couldnt get xray done as my tb skin test showed positive.
So may be RFE for that. God Know. This waiting is killing me.
Will i get copy of RFE or just my lawyer?
So may be RFE for that. God Know. This waiting is killing me.
Will i get copy of RFE or just my lawyer?
msyedy
12-14 11:58 AM
You are 150% right jimi according to me.
more...
prince_waiting
08-30 04:36 PM
Hi IVians,
I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.
Thanks
I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.
Thanks
slammer
05-14 12:28 PM
We are also stuck in CP. We live in Canada since a couple of years (we're not Canadians) and are just waiting until we can finally move to the US. We are so frustrated that we decided to apply for an H-1B this year together with our GC-sponsor/employer.
Yes, it's true that CP usually is the faster route - when you compare the processing time between AOS and CP. But I think CP has the great disadvantage that you cannot apply for EAD. I'm no fan of CP but there's nothing else you can do if you live outside the US when you apply for the GC.
Yes, it's true that CP usually is the faster route - when you compare the processing time between AOS and CP. But I think CP has the great disadvantage that you cannot apply for EAD. I'm no fan of CP but there's nothing else you can do if you live outside the US when you apply for the GC.
more...
newbie2020
06-12 07:11 AM
Now as mentioned by multiple people some things are not clear
Here is my situation:
a. H1 Expires Dec 31 2008
b. Perm applied 02/2008 and approved 04/2008
c. I-140 applied and pending since May 2008
As you can see i have a gap of over 2 months between H1 expiry and 7th yr extn.
Given the scenario above should i wait until Nov 1 to apply PPS for I-140 and then apply for H1 extn??
given the time taken for H1 extensions (regular) my employer may want to apply for H1 extension atleast 3-4 months prior to expiry.
Any thoughts...
Here is my situation:
a. H1 Expires Dec 31 2008
b. Perm applied 02/2008 and approved 04/2008
c. I-140 applied and pending since May 2008
As you can see i have a gap of over 2 months between H1 expiry and 7th yr extn.
Given the scenario above should i wait until Nov 1 to apply PPS for I-140 and then apply for H1 extn??
given the time taken for H1 extensions (regular) my employer may want to apply for H1 extension atleast 3-4 months prior to expiry.
Any thoughts...
mbawa2574
07-07 07:53 PM
I am not sure what happened but my last thread is not showing up on the main page. So I have started a new one.
more...
k3GC
11-11 11:21 AM
Please check this post by murthy on Non 09, 2007
http://www.murthy.com/news/n_nupush.html
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.
Any IV updates on this ?
Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?
http://www.murthy.com/news/n_nupush.html
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.
Any IV updates on this ?
Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?
Ramba
05-04 02:04 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
more...
octoberbloom
01-11 06:59 PM
We are seeing several of these kind of posts these days. Many people come up with questions for using AC21.
Joining an employer is not a overnight decision.
You should wait with patience before taking these kind of decisions.
It might ruin your whole GC process.
Every single creature in this world cries and fights for its freedom.
But, dont think of using AC21 unless you dont have an option to use it or in a situation of getting fired.
Whole GC process is a test for patience. And we all can wih this GC one day.
Joining an employer is not a overnight decision.
You should wait with patience before taking these kind of decisions.
It might ruin your whole GC process.
Every single creature in this world cries and fights for its freedom.
But, dont think of using AC21 unless you dont have an option to use it or in a situation of getting fired.
Whole GC process is a test for patience. And we all can wih this GC one day.
perm2gc
05-22 01:30 PM
OK, my bad for getting the name of the lobbying firm wrong. The moderator is free to change the name of the thread.
Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?
Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.
As I said, it just would be interesting to know ... ...
But if no one else finds it interesting, ignore this thread. Don't reply to it.
Thanks,
Jayant
Please stop thinking about what our lobby firm will do.
DO FIRST WHAT IV CORE TEAM ASKED FOR.
Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?
Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.
As I said, it just would be interesting to know ... ...
But if no one else finds it interesting, ignore this thread. Don't reply to it.
Thanks,
Jayant
Please stop thinking about what our lobby firm will do.
DO FIRST WHAT IV CORE TEAM ASKED FOR.
more...
Suva
04-22 10:09 AM
Applied on Feb 6 and approved on March 18.
ras
06-17 01:15 PM
Employer A:
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.
Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.
I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.
However, before I use AC 21, if the approved I 140 is revoked, am I still eligible to use AC 21?
Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.
Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.
I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.
However, before I use AC 21, if the approved I 140 is revoked, am I still eligible to use AC 21?
Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?
more...
chanduv23
04-26 03:33 PM
My CTO had a fake resume which said he worked at NASA and studied at MIT. When they ran a background check, everything was false. He was fired. He is a US citizen
joydiptac
05-12 02:28 PM
Hi Gurus please advice,
My 140 was approved in 2007 ,but today i got email from USCIS ,
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On May 12, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
Any idea, what would be the possible reason for this? Please advice.
BTW I recently applied for EAD extension.
I suggest you call the number given. Seems to me there was a mistake.
I remember getting a similar email for H1B some 2-3 years back even though my H1 was approved and I already received the I797. No issues though, they just sent another I797. :)
I guess this can happen if their Database was restored to an older backup. So they had to go thru some of the processing again.
My 140 was approved in 2007 ,but today i got email from USCIS ,
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On May 12, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
Any idea, what would be the possible reason for this? Please advice.
BTW I recently applied for EAD extension.
I suggest you call the number given. Seems to me there was a mistake.
I remember getting a similar email for H1B some 2-3 years back even though my H1 was approved and I already received the I797. No issues though, they just sent another I797. :)
I guess this can happen if their Database was restored to an older backup. So they had to go thru some of the processing again.
more...
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.
glus
11-19 01:10 PM
H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.
did you check with your attorney, if she absolutely has to do h4 renewal.
Hello GcDreamer05,
Please read my previous post. I hope it explains why it is possible to receive H-4 extension while working on EAD at the same time.
Regards,
did you check with your attorney, if she absolutely has to do h4 renewal.
Hello GcDreamer05,
Please read my previous post. I hope it explains why it is possible to receive H-4 extension while working on EAD at the same time.
Regards,
mrajatish
04-02 08:51 PM
I am not part of the founder org. but I am just shocked at the venom you show in all your messages.
Your goals so far has been
1. Complain and rant about things.
2. Discourage people for participating in IV.
3. Trying to do a "divide-and-conquer" within IV.
IV is for all legal EB based immigration - it is very clear in the mission statement what is its goal.
Also, even if IV was as myopic as you claim, future generations of EB immigrants wll benefit simply by virtue of the fact that people currently in line will not fight with them for GC.
I have been an IV member for a long time, from the days when IV was 50 people org. One of the goals of IV has been to avoid personally maligning people, so I will refrain from that, but if you want to take up this matter, send me a PM with your email address. My email address is mrajatish AT yahoo.com.
Raj
Your goals so far has been
1. Complain and rant about things.
2. Discourage people for participating in IV.
3. Trying to do a "divide-and-conquer" within IV.
IV is for all legal EB based immigration - it is very clear in the mission statement what is its goal.
Also, even if IV was as myopic as you claim, future generations of EB immigrants wll benefit simply by virtue of the fact that people currently in line will not fight with them for GC.
I have been an IV member for a long time, from the days when IV was 50 people org. One of the goals of IV has been to avoid personally maligning people, so I will refrain from that, but if you want to take up this matter, send me a PM with your email address. My email address is mrajatish AT yahoo.com.
Raj
overseas
10-09 03:36 PM
The whole problem is where should I send my AP application to ?? :confused:
It depends on the state you live in. Please go through the AP filing instructions. There it is clearly mentioned.
Download "Download Instructions for completing Form I-131" at the below link and you can find the information in page 7.
USCIS - Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=dd346d26d17df110VgnVCM1000004718190a RCRD)
It depends on the state you live in. Please go through the AP filing instructions. There it is clearly mentioned.
Download "Download Instructions for completing Form I-131" at the below link and you can find the information in page 7.
USCIS - Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=dd346d26d17df110VgnVCM1000004718190a RCRD)
InTheMoment
06-25 07:40 PM
Employer pays lawyer fees/USCIS fees for I-485/AP/EAD as well as medical, photos, mailing and other incidentals for me as well as spouse: Basically everything.
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