roseball
02-28 04:33 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
wallpaper textured paintable wallpaper.
BumbleBee
08-23 06:03 PM
Is this category seen as one or is it split into many countries and if so how do you find out about a particular country within ROW?
Thanks
Its one single category(ROW). Otherwise the number won't add up
100/7 = ~15 countries :eek: , and there are well beyond 15 countries in the world(193 countries). I guess they will create a separate country category if that country runs over 7% limit set. otherwise those countries remain in ROW.
Does that sounds right?
BumbleBee
Thanks
Its one single category(ROW). Otherwise the number won't add up
100/7 = ~15 countries :eek: , and there are well beyond 15 countries in the world(193 countries). I guess they will create a separate country category if that country runs over 7% limit set. otherwise those countries remain in ROW.
Does that sounds right?
BumbleBee
brit89
07-07 02:02 PM
How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
2011 Embossed paintable Italian
jsb
10-26 11:10 AM
You guys are great. Guys like you are making this world better place to live. I wish you both good luck.
I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. ....
I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.
BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).
I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. ....
I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.
BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).
more...
BMS1
08-21 09:23 AM
It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 09-29-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 09-29-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
immitul
07-13 08:48 PM
Your I-485 application could be nearing approval, as your priority date is current, and you are with in the USCIS processing time frame.
more...
lost_in_migration
05-14 08:28 PM
Thats the spirit
I will support IV even i have Gc .GO IV.
I will support IV even i have Gc .GO IV.
2010 Textured Paintable Wallpaper.
ita
01-26 12:10 AM
http://immigrationvoice.org/forum/showthread.php?t=23042
Thank you.
Thank you.
more...
rc10580
06-13 02:20 PM
Hi camberiu,
my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!
Renata
my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!
Renata
hair Bamp;Q Paintable Wallpaper
LostInGCProcess
08-25 11:53 AM
Hi there,
My wife is going to Chennai for a H1 visa stamping. Her old visa expired somewhere in 2006. She is now on her second extension of H1 and has not traveled since then...now she is going to India and going to Chennai consulate to get her H1 visa.
She is a dependent on me wrt i-485. She has EAD and AP. However, she is still on H1 (hasn't used the EAD thus far).
My hypothetical question is: in the even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Thanks,
My wife is going to Chennai for a H1 visa stamping. Her old visa expired somewhere in 2006. She is now on her second extension of H1 and has not traveled since then...now she is going to India and going to Chennai consulate to get her H1 visa.
She is a dependent on me wrt i-485. She has EAD and AP. However, she is still on H1 (hasn't used the EAD thus far).
My hypothetical question is: in the even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Thanks,
more...
lecter
March 15th, 2004, 05:18 PM
Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
Gary
gee they'd want to be close.
Gary
gee they'd want to be close.
hot Textured Paintable Wallpaper.
ilikekilo
06-11 06:13 PM
Please refrain from saying such a thing for President.
He might have made mistakes but he has been a tough one for terrorists.Since Sep11,2001,he has kept the ppl safe.
6 years is a big time.
If he is trying something beneficial for Immigrants,lets support him and ask him to support our cause.
I think we should send faxes/emails to him to show our support and I am sure he will get our amendment passed.
Lets give this a try.I am sure he will make no more mistakes as these are some last things which can give a lot of credibility back to his Presidentship.
alright MR junior bush
He might have made mistakes but he has been a tough one for terrorists.Since Sep11,2001,he has kept the ppl safe.
6 years is a big time.
If he is trying something beneficial for Immigrants,lets support him and ask him to support our cause.
I think we should send faxes/emails to him to show our support and I am sure he will get our amendment passed.
Lets give this a try.I am sure he will make no more mistakes as these are some last things which can give a lot of credibility back to his Presidentship.
alright MR junior bush
more...
house textured paintable wallpaper.
go_guy123
05-18 03:25 PM
If this passes this will be awesome for Ph.D. graduates.
Wont make a major difference overall except take PhD out of the queue.
Anyway PhDs are very few per year. A lot of PhDs taking
faculty positions get EB1 anyway so this bill would mainly help those PhDs
with EB2
Wont make a major difference overall except take PhD out of the queue.
Anyway PhDs are very few per year. A lot of PhDs taking
faculty positions get EB1 anyway so this bill would mainly help those PhDs
with EB2
tattoo SMALL SQUARES Effect Wallpaper
chanduv23
12-15 11:40 AM
My company is surplussing me among other employees to be laid off around Apr 2009.
My case is as follows:
Case EB3 India
PD Mar 2004
Labor and I-140 approved
I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current
Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.
I am not sure which avenue is the best for me, I would appreciate your input.
Thanks,
As you did not apply for 485 for your wife, she has to be on h4. You have enough time to get a job and file for h1b transfer and use ac21. Start looking for jobs and make your move once you get the job.
My case is as follows:
Case EB3 India
PD Mar 2004
Labor and I-140 approved
I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current
Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.
I am not sure which avenue is the best for me, I would appreciate your input.
Thanks,
As you did not apply for 485 for your wife, she has to be on h4. You have enough time to get a job and file for h1b transfer and use ac21. Start looking for jobs and make your move once you get the job.
more...
pictures a paintable embossed
snathan
05-19 11:34 AM
Hello,
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.
dresses paintable-wallpapers-cord
ksita48
07-23 09:30 PM
Brief Description of my Case Joined Vision Systems Group INC,(VSGInc), Southplains Field, NJ in the year March 2003. My H1B was transferred to VSG Inc from my previous company which got merged with another company. VSG Inc filed my Labor Certification in 2003 (EB3) on Dec 23,2003 which has gone to Back Log Center, Harrisburg, PA and got approved only in Dec, 2006. In July 2006 VSG Inc, filed PERM under EB2 and got approved and filed I140 under EB2. But when USCIS sent RFE, my company has withdrawn the I140 without responding to RFE. In July 2007, during 2007 visa fiasco, VSG Inc filed I140 electronically, and I485 and other papers concurrently in July 02, 2007. Got the receipt notices for I140 dated 07-02-2007 and for I485 and others on 06-05-2008. Received EAD and travel docs in July 2008. My I140 is still pending at Nebraska Service center as on date. When contacted trough the Local Congress Man, Dept. Of Home land Security replied on Feb 09, 2009 as follows: �The processing of I-140 has been delayed, not yet ready for decision as it has been selected for extended security review, independent of FBI name check and fingerprints. Until the review is completed, we cannot move forward on this case. We will make every effort to make a decision on this case as soon as the review is complete. However, we have contacted the security team POC to see if this case can be reviewed to see if it can be moved for adjudication.� VISION SYSTEMS GROUP, INC., a New Jersey Domestic Profit Corporation, with a branch office in Coon Rapids, Iowa, was also indicted in a ten count federal indictment that included one count of conspiracy, eight counts of mail fraud, and one count of �Notice of Forfeiture� in the amount of $7,400,000. The investigation is being conducted by U.S. Immigration and Customs Enforcement (ICE) in collaboration with U.S. Citizenship and Immigration Services - Fraud Detection and National Security Division (FDNS); U.S. Department of Labor - Office of Inspector General; U.S. Postal Inspection Service (USPIS); U.S. Department of State; and is supported by the U.S. Attorney�s Office for the Southern District of Iowa. At the out set I am in a complete depressed state an seek your help and know the fate of my AOS applications like I-140, I485 and others and the best possible course of action I may have to take immediately. My concerns and questions: 1. Should I transfer my H1b to another company? 2. What will happen to my pending I-140 and I-485 petitions? 3. Or should I continue with the present company wait for the outcome? 4. How much time it may take to finally conclude this process normally? 5. If the company is proved guilty and be closed by the Govt. or blacklisted what will happen to the Employees like me who are absolutely not concern, nor involved and go by Rules and in the project working If you can throw some light on these matters, It would be of great relief to me who has spent in this country for 11 years legally paying all the taxes.:confused:
more...
makeup textured paintable wallpaper.
Canuck
02-03 01:50 AM
People,
The country listed here is country of citizenship. We all know though that GCs are granted based on country of birth. Thus, there may be even more people charged to India than listed. Conversely, you may have a couple of Indian citizens who were not born in India that will fall in the ROW category...
The country listed here is country of citizenship. We all know though that GCs are granted based on country of birth. Thus, there may be even more people charged to India than listed. Conversely, you may have a couple of Indian citizens who were not born in India that will fall in the ROW category...
girlfriend paintable textured wallpaper.
spicy_guy
04-08 04:47 PM
I believe the intention of not moving too much beyond jul 06 , may be to make some spill over benfit happen to EB3 also. If they open the gate for EB2 now, lots of 485 application may come in and there may not be spill over to EB3. :)
Krupa
If that were to happen, EB3 I should move at least one month ?!!?!
Krupa
If that were to happen, EB3 I should move at least one month ?!!?!
hairstyles Textured Paintable Wallpaper.
WeShallOvercome
11-06 04:11 PM
I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
Poor guy/gal just asked a simple question.....
Sury, The PDs need to be current for I-485 filing AS WELL AS approval.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
Poor guy/gal just asked a simple question.....
Sury, The PDs need to be current for I-485 filing AS WELL AS approval.
americandesi
04-13 02:58 PM
I was in this situation few years back. I was on bench for 8 months (not paid). I chose not to reply to the DOL letter. I feared that accepting that I was on bench for 8 months will make you out of status.
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
Not getting paid on bench for >180 days has serious consequences during the adjudication of I-485. Read the following thread
http://immigrationvoice.org/forum/showthread.php?t=6205
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
Not getting paid on bench for >180 days has serious consequences during the adjudication of I-485. Read the following thread
http://immigrationvoice.org/forum/showthread.php?t=6205
arjun007
02-07 10:17 PM
No .. I did not submit my i-94 while leaving for Canada...
No comments:
Post a Comment