anilsal
02-18 12:28 PM
like the 2nd FP notices have been sent to EB3-I folks from 2002 and 2003 batch.
Just a guess.
Just a guess.
milind70
11-06 04:25 PM
All Guru's
My situation is little different,
I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance
Dont require copy of 140 to invoke AC21 only proof of AOS is required i.e 485 Recipt Notice (even a copy would do).
Copy of 140 is required incase of date porting i.e joined a new employer who is willing to sponsor GC and you would like to keep you PD from a previous application.
Hope this clarifies !!!
My situation is little different,
I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance
Dont require copy of 140 to invoke AC21 only proof of AOS is required i.e 485 Recipt Notice (even a copy would do).
Copy of 140 is required incase of date porting i.e joined a new employer who is willing to sponsor GC and you would like to keep you PD from a previous application.
Hope this clarifies !!!
newbie2020
05-18 08:18 PM
For conditional GC the USC should make a joint application for his/her spouse for removal of conditional GC restrictions.
One of the important things with Conditional GC is to demonstrate that the Husband and Wife still have lots of family ties during the Adjustment of Conditional status, This would include showing the IO with proofs such as joint bank accounts, kids, utility bills etc......
If the spouse is being abused by the USC and provided there is adequate proofs for the same such as court restrain order, Police complaint etc At that time, one can file for a waiver of a joint application without the need for USC to make the application
It is always better to consult a Good immigration lawyer for Professional Advise.
One of the important things with Conditional GC is to demonstrate that the Husband and Wife still have lots of family ties during the Adjustment of Conditional status, This would include showing the IO with proofs such as joint bank accounts, kids, utility bills etc......
If the spouse is being abused by the USC and provided there is adequate proofs for the same such as court restrain order, Police complaint etc At that time, one can file for a waiver of a joint application without the need for USC to make the application
It is always better to consult a Good immigration lawyer for Professional Advise.
glus
10-15 11:16 AM
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
The above is 100% correct. The immigration law does not "invalidate" H1 status if one uses EAD to work P/T or second job if All the H1 requirements are met and the person continues to work for H-1 sponsor at the same time. Then, one is still in H-1 valid status. If one leaves H1 employer or switches to a different employer LEAVING the original H1B employer by using EAD, then one is no longer in H-1 status.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
The above is 100% correct. The immigration law does not "invalidate" H1 status if one uses EAD to work P/T or second job if All the H1 requirements are met and the person continues to work for H-1 sponsor at the same time. Then, one is still in H-1 valid status. If one leaves H1 employer or switches to a different employer LEAVING the original H1B employer by using EAD, then one is no longer in H-1 status.
more...
kumar1
07-18 02:56 PM
Why you want to mad on him, What is there to become mad on him.
Labor buy/sell ------ is there any possible way it is helping this system? Please do not tell me that system already has flaws da da da ....
Labor buy/sell ------ is there any possible way it is helping this system? Please do not tell me that system already has flaws da da da ....
gc_on_demand
07-14 10:47 AM
I am aware of that backlog but just want to apply as a backup. I just want to know if applying for I 130 while I 140 is approved is there any conflict ?
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invincibleasian
02-05 02:39 PM
This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
perm2gc
06-16 09:29 PM
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.
What will be my status till Oct 1st from the day my H1 is approved?
You H1 will aproved from oct 1st only.until that time you will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
You attorney might have applied while applying your H!.Contact your attorney.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
You can apply and don't expect that your EAD will come before H1.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
No Chance that can happen with volumes of applications to be filed.To get the receipt date only it make take 5-6 months.
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
I20.can you explain in detail
Please help me out.
Thanks
Please talk to your attorney.My views are personal.
What will be my status till Oct 1st from the day my H1 is approved?
You H1 will aproved from oct 1st only.until that time you will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
You attorney might have applied while applying your H!.Contact your attorney.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
You can apply and don't expect that your EAD will come before H1.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
No Chance that can happen with volumes of applications to be filed.To get the receipt date only it make take 5-6 months.
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
I20.can you explain in detail
Please help me out.
Thanks
Please talk to your attorney.My views are personal.
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sanjay02
04-17 01:48 AM
Which state are you in? In CA you can drive till one year with foreign license. In case there is a traffic violation , or for some reason he breaks a red light the fines are 3 times the regular fine since he wont hold a USA license.
Also the insurance companies have different requirements which you need to confirm with them.
Also the insurance companies have different requirements which you need to confirm with them.
rocky17105
07-27 11:28 PM
Hi All!
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
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CaliHoneB
01-11 10:44 PM
Thanks for who ever gave me red. I hope your parents nor your kids never get lost in an airport!
The title was clear if you are not concerned just don't read the post.
Hi,
I hope I am posting in the right space and hoping to get some input from people who have been in a similar situation.
My mother is coming from India (Hyderabad) to San francisco . The ticket was booked in India and we were hoping to get a travel companion for her and help her through gate changes, customs and related stuff. When we talked to travel agents they kept postponing until one week before departure (She leaves on 14th). Now they were able to locate one companion until London but after that they split.
Eventhough wheelchair assistance was requested from London and confirmed. I am worried that she never traveled by herself and she wouldn't be able to complete all the forms or answer all the questions or even stand in the right queue by herself at the port of entry in San francisco.
I am sure there will be other passengers from London to San francisco but I want to talk to them before she gets on the plane and not leave to chance and hope somebody helps her. With all the new privacy issues how do we get in touch with Telugu(worst case Hindi) speaking people on the plane from London to San francisco.
I would appreciate your input
Thanks in advance
The title was clear if you are not concerned just don't read the post.
Hi,
I hope I am posting in the right space and hoping to get some input from people who have been in a similar situation.
My mother is coming from India (Hyderabad) to San francisco . The ticket was booked in India and we were hoping to get a travel companion for her and help her through gate changes, customs and related stuff. When we talked to travel agents they kept postponing until one week before departure (She leaves on 14th). Now they were able to locate one companion until London but after that they split.
Eventhough wheelchair assistance was requested from London and confirmed. I am worried that she never traveled by herself and she wouldn't be able to complete all the forms or answer all the questions or even stand in the right queue by herself at the port of entry in San francisco.
I am sure there will be other passengers from London to San francisco but I want to talk to them before she gets on the plane and not leave to chance and hope somebody helps her. With all the new privacy issues how do we get in touch with Telugu(worst case Hindi) speaking people on the plane from London to San francisco.
I would appreciate your input
Thanks in advance
madhu345
11-05 05:44 AM
We will Lit 100 Candles by Diwali for sure
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CaliHoneB
05-05 02:08 PM
My thoughts exactly! Here is a thread I opened on the subject a couple of weeks ago:
http://immigrationvoice.org/forum/showthread.php?t=600
The idea makes such good economic sense (the government would be price discriminating to increase its revenue) that if USCIS were a private entity they would have implemented something like this a long time ago. But unfortunately it is not and we have to suffer under a "one size fits all" system.
I am glad some one else also agrees with my thoughts..Let us continue this discussion on old thread..
http://immigrationvoice.org/forum/showthread.php?t=600
http://immigrationvoice.org/forum/showthread.php?t=600
The idea makes such good economic sense (the government would be price discriminating to increase its revenue) that if USCIS were a private entity they would have implemented something like this a long time ago. But unfortunately it is not and we have to suffer under a "one size fits all" system.
I am glad some one else also agrees with my thoughts..Let us continue this discussion on old thread..
http://immigrationvoice.org/forum/showthread.php?t=600
STAmisha
11-17 12:51 PM
My lawyer thinks they have not even started looking at TR applications.
He told me that he will file RIR conversion. What exactly is the procedure?
He told me that he will file RIR conversion. What exactly is the procedure?
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neeidd
10-15 11:42 PM
Not sure what they do in the secondary inspection.. In my case they asked no questions at all.. Just asked me to sit and wait while they entered / checked something in their system. I was in and out within 20 mnts.
Thanks for your response
Thanks for your response
smuggymba
11-30 01:21 PM
As per the document:
total EB2 visa available: 40040
Grand total of EB2 pending: 33850
So, technically all the EB2 applicants should get their GC during the fiscal year of 2011. Even in the situation where no fall down from EB1.
Seems like good news for many and hopefully foir EB3s as well if further fall down of visas occur.
Guess, USCIS should wake up and move the dates faster instead of jungling during last quarter of the fiscal year.
i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.
total EB2 visa available: 40040
Grand total of EB2 pending: 33850
So, technically all the EB2 applicants should get their GC during the fiscal year of 2011. Even in the situation where no fall down from EB1.
Seems like good news for many and hopefully foir EB3s as well if further fall down of visas occur.
Guess, USCIS should wake up and move the dates faster instead of jungling during last quarter of the fiscal year.
i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.
more...
waiting_4_gc
07-18 10:49 AM
This is a personal Message from me TO the IV Core and its founder.People can keep it alive by thanking the core.
I Thank the Core and Aman for their dedication, support, campaigns and whatever they have done to bring about the latest development and a big big releif to everyone in the Legal community.
While all other web sites and forums were just picking things from IV , IV was leading in updating and keeping the members informed about each and every development.I am sure they had been primarily instrumental in getting this done.The issue has and their effort has not only given this releif but have brought the burning issue to the limelight and in the eyes of lawmakers and the Govt, which will now lead to a larger and sustainable solution to the IV community.
I once again THANK each of the IV Core members and other members for really making the IV a force to reckon with...
THANKS AND REGARDS
Thanks, IV. Again, you guys are great and this is a great achievement from you.
I'm really impressed and donated $100.00.
I Thank the Core and Aman for their dedication, support, campaigns and whatever they have done to bring about the latest development and a big big releif to everyone in the Legal community.
While all other web sites and forums were just picking things from IV , IV was leading in updating and keeping the members informed about each and every development.I am sure they had been primarily instrumental in getting this done.The issue has and their effort has not only given this releif but have brought the burning issue to the limelight and in the eyes of lawmakers and the Govt, which will now lead to a larger and sustainable solution to the IV community.
I once again THANK each of the IV Core members and other members for really making the IV a force to reckon with...
THANKS AND REGARDS
Thanks, IV. Again, you guys are great and this is a great achievement from you.
I'm really impressed and donated $100.00.
gcdreamer05
03-19 01:26 PM
To safeguard your own identity try to use any identity protection program, i do not work for or i am nto trying to do sales here, but i have used Bank of americas program and i used it for like 1 year it was pretty good. They alert you if there is any fradulent transaction like if any one tries to open a credit card or something with ur ssn number etc...
I would strongly suggest you do that and keep monitoring your reports.
I have seen so many other programs on TV about identity theft prevention software, services etc... sign up for something to be on safe side.
i also remember seeing something which rhymes with id lock or something, the CEO of that company displays his SSN number on all boards etc... i dont remember which one.
Just google for identity theft prevention programs and you should see lots.
I would strongly suggest you do that and keep monitoring your reports.
I have seen so many other programs on TV about identity theft prevention software, services etc... sign up for something to be on safe side.
i also remember seeing something which rhymes with id lock or something, the CEO of that company displays his SSN number on all boards etc... i dont remember which one.
Just google for identity theft prevention programs and you should see lots.
StarSun
02-07 09:44 AM
Members with questions, take this opportunity to clarify your doubts from these reputed lawyers.
Canadianindian
07-22 05:33 PM
You can only move after 6 months of 485 filing. Then it falls under AC21. Now if you move, you have to start the entire process. Fortunately with PERM and PP for 140, everything would take less than few months.
Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.
OR
You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.
Thanks for your response. I am in consulting, and we generally travel.
One of HR folks mentioned that my company may be able to keep me on the exisiting location's payroll, while I work in the other state.
Did you come across such option.
Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.
OR
You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.
Thanks for your response. I am in consulting, and we generally travel.
One of HR folks mentioned that my company may be able to keep me on the exisiting location's payroll, while I work in the other state.
Did you come across such option.
sachinjohri
04-03 03:11 PM
No problem , you will get the Canadian Visa , while coming back to US , you have to show your AP
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