UKannan
02-21 08:04 PM
You can still get a 1 year extension claiming that your PERM application is still pending. It all depends on the officer that the decision has not been made on PERM application.
How he can claim that "PERM application is still pending" when it's already denied!!! :)
How he can claim that "PERM application is still pending" when it's already denied!!! :)
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rajeshalex
06-29 11:23 AM
yes u can. however make sure, u r maintaining ur H1 B job. Share investment is considered as a passive investment
moonrah
09-20 08:33 PM
Hi,
I have recently recieved approval for I-140. With no surprise, employer denies to share the copy. I am planning to file FOIA to get the copy. Questions I have :
1. Can I file for FOIA even if my I-485 is not filed?
2. Reason to ask 1. is, Form G-639 requires Alien Registration Number (A#) which I believe, one can get only after filing I-485. Please correct me if I am wrong.
3. If I am right, Can I file FOIA without Alien#?
Thanks a lot in advance and appreciate the response.
I have recently recieved approval for I-140. With no surprise, employer denies to share the copy. I am planning to file FOIA to get the copy. Questions I have :
1. Can I file for FOIA even if my I-485 is not filed?
2. Reason to ask 1. is, Form G-639 requires Alien Registration Number (A#) which I believe, one can get only after filing I-485. Please correct me if I am wrong.
3. If I am right, Can I file FOIA without Alien#?
Thanks a lot in advance and appreciate the response.
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newuser
03-13 07:39 PM
Please update the profile first
more...
deecha
11-25 03:58 PM
Basically, I think your labor can be re-appealed but it is a waste of time. It's better to work with your lawyer and get the job duties tick and tied with the paper filing. Nowadays there are lots of audit in the PERM system.
MatsP
July 4th, 2006, 01:19 PM
Welcome to Dphoto, 12bar.
Dumb rookie questions are more fun than Pro' questions in my opinion. Mostly because I'm able to answer them...
Although I enjoy motorcycles, I'm not really a BMW fan (just don't really fancy them, nothing in particular, just not my type of bike... More of a japanese race-bike type of guy).
Guitarrs tend to not work at all for me... :-(
But I'm happy to answer any questions you may have - assuming I know the answer, or am able to figure out something that sounds realistic ;-)
--
Mats
Dumb rookie questions are more fun than Pro' questions in my opinion. Mostly because I'm able to answer them...
Although I enjoy motorcycles, I'm not really a BMW fan (just don't really fancy them, nothing in particular, just not my type of bike... More of a japanese race-bike type of guy).
Guitarrs tend to not work at all for me... :-(
But I'm happy to answer any questions you may have - assuming I know the answer, or am able to figure out something that sounds realistic ;-)
--
Mats
more...
willgetgc2005
05-01 10:34 AM
^^^^^ bumping up
Hourglass,
How responsive are they to our concerns. Are they accessible ?
Others, any experience, please share. If you are more comfortable send a PM.
I want to make the right decision. Thank You.
Hourglass,
How responsive are they to our concerns. Are they accessible ?
Others, any experience, please share. If you are more comfortable send a PM.
I want to make the right decision. Thank You.
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pappu
08-16 03:41 PM
We have an opportunity for TV interview and coverage of IV.
Any IV members in /around Wilmington, NC please mail me or Shrey (ragz4u) asap.
In your mail, pls give us a brief background about yourself so that we can make sure all aspects of IV agenda can be covered in the interview.
Any IV members in /around Wilmington, NC please mail me or Shrey (ragz4u) asap.
In your mail, pls give us a brief background about yourself so that we can make sure all aspects of IV agenda can be covered in the interview.
more...
sbnvs@yahoo.com
12-16 06:04 PM
Here is my h1b status:
1. We have applied for H1B visa extension in premium on March 23rd, 2010.(for 15 months, as I have this period remained on H1 6 years and I-140 not approved yet).
2. I have joined new client on March5th new project, new location.
3. USCIS raised RFE on March 9th, 2010 but not received the RFE document.
4. My employer sent H1B Amendment documents on March 15th, 2010 with new LCA.
5. Received RFE document on March 30th, 2010 from USCIS and replied on March 31st to USCIS.
6. USCIS approved case on April 10th, 2010 with 1 year duration, which is May 2011.
7. USCIS approved amendment on Dec 5th, 2010 which is valid until Aug 20th, 2011 which the max of 6 years period.
Now question, it means my H1B visa valid until Aug 2011?
1. We have applied for H1B visa extension in premium on March 23rd, 2010.(for 15 months, as I have this period remained on H1 6 years and I-140 not approved yet).
2. I have joined new client on March5th new project, new location.
3. USCIS raised RFE on March 9th, 2010 but not received the RFE document.
4. My employer sent H1B Amendment documents on March 15th, 2010 with new LCA.
5. Received RFE document on March 30th, 2010 from USCIS and replied on March 31st to USCIS.
6. USCIS approved case on April 10th, 2010 with 1 year duration, which is May 2011.
7. USCIS approved amendment on Dec 5th, 2010 which is valid until Aug 20th, 2011 which the max of 6 years period.
Now question, it means my H1B visa valid until Aug 2011?
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h1bwala
04-25 11:38 PM
I have a query related to entitlement of salary and back wages. I was laid off by a big MNC software company based in Texas in Oct 2009 . Just in span of 1 week , i was offered a position by desi consulting company starting November 1 . They started my H1 transfer process stating starting date as November 1 on LCA petition . I was told to wait until H1 receipt comes and client gives green signal to start the project.
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
more...
gcisadawg
06-26 01:16 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
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Hello_Hello
10-29 09:13 AM
Your total withholding is $1400 or your difference with using 3 allowance or 6 allowance is $1400. Assuming you are talking about total. Your difference should be 300-400 a month. I am not justifying your companies attitude nor I am asking you to not take any action. But all I am telling you is it's not a big deal..personally I feel better when I get a chunk of money in Tax refund. But for that I have to wait one full year and deductions are $1400 more per month.
more...
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viper673
06-24 12:41 PM
Hello all,
I have my EAD and waiting on my 485 to get approved sometime this year (hopefully).
I'm obvoiusly working full-time for my current employer and I just got an opportunity to do some translation services (teaching) after hours for about 80hrs in the next couple of months.
Is it ok for me to teach or do the rules of H1B (work up to 40hrs a week) still apply?
Thank you.
I have my EAD and waiting on my 485 to get approved sometime this year (hopefully).
I'm obvoiusly working full-time for my current employer and I just got an opportunity to do some translation services (teaching) after hours for about 80hrs in the next couple of months.
Is it ok for me to teach or do the rules of H1B (work up to 40hrs a week) still apply?
Thank you.
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diptam
07-17 10:15 PM
Once your GC gets approved , thenit may be difficult for your wife to file
Hi, I am in same boat as you. I tried to find infomation & reality is 485 for future spouse can be filed only if the PD becomes current.
Hi, I am in same boat as you. I tried to find infomation & reality is 485 for future spouse can be filed only if the PD becomes current.
more...
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gcformeornot
08-08 09:48 AM
Surprisingly my wife and daughter's 485, EAD and AP checks were cashed yesterday and not mine.
July 2 filer
EB3
PD : Dec 2005.
labor approved dec 2005
I-140 approved jan 2005.
How about updating in July Tracker thread.
July 2 filer
EB3
PD : Dec 2005.
labor approved dec 2005
I-140 approved jan 2005.
How about updating in July Tracker thread.
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gconmymind
03-31 05:41 PM
Hi Guys,
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Can someone please record and post on YouTube for the benefit of memebers who may not be able to watch it? Thanks!!
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Can someone please record and post on YouTube for the benefit of memebers who may not be able to watch it? Thanks!!
more...
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longwait4gc
09-28 08:20 PM
I am EB2, Indian. Filed for PERM earlier this summer and waiting for approval which I don't expect for another 4-6 months. The situation is that my company is in a very shaky financial position but they have been very supportive and I am hoping to be okay for the next 6 mo to year. My strategy is (assuming I don't lose my job) to just sit out my I-140 approval and that way I get the 3-yr extension and lock in my PD. I don't see being able to file for I-485 at this job.
Soo -- 2 questions:
1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?
Thanks very much!
For question 2: Answer Yes.
If your company had lay offs there is a good chance you might get audit. If you get an audit the Perm process might take upto 2-3 years. If you dont get an audit perm process could finish in a year. Plan accordingly. All the best.
Soo -- 2 questions:
1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?
Thanks very much!
For question 2: Answer Yes.
If your company had lay offs there is a good chance you might get audit. If you get an audit the Perm process might take upto 2-3 years. If you dont get an audit perm process could finish in a year. Plan accordingly. All the best.
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radhakrishn
07-12 06:01 PM
I'm an unmarried Indian national and came to the US on H-1B visa. My father petitioned for me in FB F1 category. My priority date is September 1, 1999. I applied for AOS in the US and received my EAD and AP. I recently met a girl doing job on H-1B(Indian national) and we will like to tie the knot in near future. I was wondering if it would have any effect on my AOS processing( I do not have the actual Green card yet). Will my category change to F3 if I marry her now? Any suggestions/ideas are welcome.
Thanks.
Thanks.
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copsmart
02-26 10:32 PM
4. Consult an immigration lawyer ASAP
Today, My H1B transfer got denied and waiting for denial notice. Employer is planning to appeal on denial case. (I am assuming that "Denial could be becasue of client letter was not furnished)
My Layer: Employer->Company A-> Primary Vendor -> Client
My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.
On this, What would be best option.
1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?
2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?
3. Apply for H1B transfer thru primary vendor's sister concern?
Today, My H1B transfer got denied and waiting for denial notice. Employer is planning to appeal on denial case. (I am assuming that "Denial could be becasue of client letter was not furnished)
My Layer: Employer->Company A-> Primary Vendor -> Client
My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.
On this, What would be best option.
1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?
2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?
3. Apply for H1B transfer thru primary vendor's sister concern?
iman.karta
12-27 04:02 PM
Hi all,
I do have a worry about I140 processing and I hope somebody can help me.
I finally got my LC approved and now in the concurrent I140 and I485 filling process.
However, I noticed that there is a minor mistake in filling on my ETA9089.
My OPT expired on August 14th, 2006 and my H1-B was approved Dec 12th2006. However in the job experience part, there is a booboo. Instead of putting the start date as January 15th, 2007 (which was the date I started working in the company), they put August 14th, 2006. So from USCIS standing point of view, it could mean that I work during the gap between my OPT and H1-B! :(
Now I am worried sick that they will deny my I-140.
Any inputs anybody?
I do have a worry about I140 processing and I hope somebody can help me.
I finally got my LC approved and now in the concurrent I140 and I485 filling process.
However, I noticed that there is a minor mistake in filling on my ETA9089.
My OPT expired on August 14th, 2006 and my H1-B was approved Dec 12th2006. However in the job experience part, there is a booboo. Instead of putting the start date as January 15th, 2007 (which was the date I started working in the company), they put August 14th, 2006. So from USCIS standing point of view, it could mean that I work during the gap between my OPT and H1-B! :(
Now I am worried sick that they will deny my I-140.
Any inputs anybody?
priya.r
12-27 10:56 PM
Thank you all for your valuable input.
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