lotres
11-09 07:08 AM
My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!
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immigrationvoice1
10-02 01:28 PM
Hello Gurus,
If I have an approved I-140, approved EAD, 180 days have passed since I filed my 485, and I have a "similar" job offer from another employer, can I take up the offer from the new employer by transfering my H1B (which will be in 7th year from Jan 2008) without affecting the AOS/GC process (in other words without having to use my EAD) for new employment ?
Thanks in advance for your replies.
/
If I have an approved I-140, approved EAD, 180 days have passed since I filed my 485, and I have a "similar" job offer from another employer, can I take up the offer from the new employer by transfering my H1B (which will be in 7th year from Jan 2008) without affecting the AOS/GC process (in other words without having to use my EAD) for new employment ?
Thanks in advance for your replies.
/
immigration1111
06-11 10:35 PM
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
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RDB
01-09 12:38 PM
This is probably not true - you can always show the landing stamp (of your destination country) to prove that you were out of US. Every country will stamp your passport on arrival.
It means that on paper you never left the US. In the meantime if your I-94 expired, you would technically be out of status in the US.
It means that on paper you never left the US. In the meantime if your I-94 expired, you would technically be out of status in the US.
more...
fundo14
10-15 02:08 PM
Hi All,
I received an RFE on my pending 485 application:
Here is my case:
I am a derivative applicant working on my own H1
Here is the content of the RFE:
1. Please submit a properly completed form G325A. Submit all the documentary evidence to support your employment history listed in form G325A.
2. Clear copies of form W2 wage and Tax statements
3. Complete copies of properly filed Tax returns (IRS Form 1040)
4. Any additional document which confirms your employment history.
5. You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your pre-offered position (if different from your current one) , the date you began employment and the offered salary or wage. Form letters are not acceptable. This letter should be in original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
I can easily provide all the docs above (from number 1 to 4) but I am surprised why I am asked to provide a letter from my intended permanent employer since I am derivative applicant.
Anyone else in the same boat? please share your experience/ suggestion.
Thanks!
I received an RFE on my pending 485 application:
Here is my case:
I am a derivative applicant working on my own H1
Here is the content of the RFE:
1. Please submit a properly completed form G325A. Submit all the documentary evidence to support your employment history listed in form G325A.
2. Clear copies of form W2 wage and Tax statements
3. Complete copies of properly filed Tax returns (IRS Form 1040)
4. Any additional document which confirms your employment history.
5. You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your pre-offered position (if different from your current one) , the date you began employment and the offered salary or wage. Form letters are not acceptable. This letter should be in original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
I can easily provide all the docs above (from number 1 to 4) but I am surprised why I am asked to provide a letter from my intended permanent employer since I am derivative applicant.
Anyone else in the same boat? please share your experience/ suggestion.
Thanks!
sb15
01-31 04:43 PM
Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
You are fine my friend if you applied in EB3. In EB3 you can apply as skilled worker or professional, if you applied as skilled worker you will get the approval for sure. If you applied as professional you may need to get education evaluation done, ofcourse you can combine your degrees to make equivalent to US bachelors as your labor allows it.
If your application is in texas, they will not reject based on education for sure( i don't know about your company financial status) they are very liberal. If your application is in Nebraska they may send RFE for education evaulation (if you didnt submit it with your application).
On the whole don't worry about education column as your labor gives the flexibity of combining the degrees, you will get approval for sure if your company financial status is good.
Hope this information helps..
Thanks
SB
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
You are fine my friend if you applied in EB3. In EB3 you can apply as skilled worker or professional, if you applied as skilled worker you will get the approval for sure. If you applied as professional you may need to get education evaluation done, ofcourse you can combine your degrees to make equivalent to US bachelors as your labor allows it.
If your application is in texas, they will not reject based on education for sure( i don't know about your company financial status) they are very liberal. If your application is in Nebraska they may send RFE for education evaulation (if you didnt submit it with your application).
On the whole don't worry about education column as your labor gives the flexibity of combining the degrees, you will get approval for sure if your company financial status is good.
Hope this information helps..
Thanks
SB
more...
gcformeornot
05-15 08:36 AM
who think if they close their eyes, their problems will go away....:D
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sparklinks
09-23 09:09 AM
Did anyone get reply/response from this after emailing ?
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ps57002
10-09 05:32 AM
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
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GrndMasterFlash
03-26 09:34 AM
i can haz added plzzzz
http://www.kirupa.com/forum/showthread.php?t=323032
http://www.kirupa.com/forum/showthread.php?t=323032
more...
sunny1000
06-11 05:39 PM
Sunny1000,
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
Don't tell me what I need to do. This is not a "lawyers only" forum where I have to give the legally correct answer. Based on what he described, I gave the best answer I could think of, that too after nobody answered and he bumped it up.
Re-read my post. As I said, it was my view and of course, there are better answers than mine (desi3933 for instance). If you don't like my answer, ignore and move on.
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
Don't tell me what I need to do. This is not a "lawyers only" forum where I have to give the legally correct answer. Based on what he described, I gave the best answer I could think of, that too after nobody answered and he bumped it up.
Re-read my post. As I said, it was my view and of course, there are better answers than mine (desi3933 for instance). If you don't like my answer, ignore and move on.
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GCBy3000
05-19 09:35 AM
Yes, keep all you honest opinion within your self until your shackles are removed. We all know the visa status H1B is exploting point for some consulting firms and employers. Knowing this I do not understand what is the need of expressing "my desire NOT to stay with him any longer than I need to"
Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.
Patience wins in this GC process.
Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.
Patience wins in this GC process.
more...
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rsdang
10-30 04:05 PM
Dude you have the AP use it... I have travelled on AP multiple time no issues. I have an approved H1 which I dont use any more...
All the best
All the best
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himu73
12-08 10:43 AM
I was also asked similar questions about status. but that was mostly to check if I am not on student visa status. they do not care if you are on H1
more...
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krishna_brc
05-30 08:30 AM
bump
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Nil
11-09 11:32 AM
This was very prompt of you guys.
Keep up the momentum.
The community and (we believe) this country needs professionals of your caliber.
Keep up the momentum.
The community and (we believe) this country needs professionals of your caliber.
more...
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ambals03
01-11 11:24 AM
http://www.gpo.gov/fdsys/pkg/BILLS-112hr43ih/pdf/BILLS-112hr43ih.pdf
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r50000
07-27 08:04 PM
Why would your employer do that unless you did something inappropriate?
As long as the employee does not not step out of line. He has nothing to worry. In this case, the only problem is layoffs for unavoidable reasons in which case it is not the employee's fault. In such situations, the employer will not revoke the 140.
whatever is the reason of revoking ? I just want to know if employer revokes an approved I140 withing 180 days of filling, will the employee know about it.
thanks!
As long as the employee does not not step out of line. He has nothing to worry. In this case, the only problem is layoffs for unavoidable reasons in which case it is not the employee's fault. In such situations, the employer will not revoke the 140.
whatever is the reason of revoking ? I just want to know if employer revokes an approved I140 withing 180 days of filling, will the employee know about it.
thanks!
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imh1b
04-28 01:12 PM
If you count the taxes these 150K legal immigrants would have paid if they were in US for a year it is more than 2.5 billion dollars.
There was a recent study claiming that 14 million illegal immigrants pay 1.5 billion dollars a year in taxes (read mostly sales taxes). And thus US should legalize these 14 million people to continue to get 1.5 billion dollars a year.
Now you can compare 150K people vs 14 million people and who pays more.
The study fails to tell that these illegals do not have insurance. So they use hospitals for free. They do not pay federal taxes because they do not have a valid documentation. Even if they are allowed to pay federal tax, many will be below poverty line.
The study did not envision an economic scenario for America if 14 million illegals are legalized. How many will claim unemployment, social security, medicare etc. I can bet the cost to government will be in billions with many zeroes after that. Someone should call the reporter and the pro illegals who created that study to answer these questions.
There was a recent study claiming that 14 million illegal immigrants pay 1.5 billion dollars a year in taxes (read mostly sales taxes). And thus US should legalize these 14 million people to continue to get 1.5 billion dollars a year.
Now you can compare 150K people vs 14 million people and who pays more.
The study fails to tell that these illegals do not have insurance. So they use hospitals for free. They do not pay federal taxes because they do not have a valid documentation. Even if they are allowed to pay federal tax, many will be below poverty line.
The study did not envision an economic scenario for America if 14 million illegals are legalized. How many will claim unemployment, social security, medicare etc. I can bet the cost to government will be in billions with many zeroes after that. Someone should call the reporter and the pro illegals who created that study to answer these questions.
chanduv23
07-27 09:50 PM
The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.
Need not necessarily be the case. Soft LUDs are not reliable and sometimes the online system never reflects LUDs, but offocurse when there are soft LUDs it is obvious that the file is being processed and status getting updated.
There could be cases that are preadjudicated but we never really see any continuous soft LUDs and there could be cases that arenot preadjudicated but we see tons of LUDs hitting.
I spoke to a person who recently received his GC - no LUDs nothing, no status change after responding to RFE and no approval email - the GCs were lying in the mailbox one fine day.
Need not necessarily be the case. Soft LUDs are not reliable and sometimes the online system never reflects LUDs, but offocurse when there are soft LUDs it is obvious that the file is being processed and status getting updated.
There could be cases that are preadjudicated but we never really see any continuous soft LUDs and there could be cases that arenot preadjudicated but we see tons of LUDs hitting.
I spoke to a person who recently received his GC - no LUDs nothing, no status change after responding to RFE and no approval email - the GCs were lying in the mailbox one fine day.
WeShallOvercome
11-07 12:10 PM
If EB2 PD is 1 APR 2004 then what does the ProcessingTimeFrame Date(August 25, 2006) mean for I-485 in Texas Service Center.
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
sury,
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
sury,
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
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