immigrationvoice1
01-10 11:49 AM
Just curious: When will USCIS process my 485?.....
.....probably we would not have an organization like this.
.....probably we would not have an organization like this.
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kumar_herald
04-04 05:28 PM
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
milind70
07-26 09:39 AM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Labor and 140 is property of the employer, most of the cases it is not provided to the employee. And yes thats pretty normal.
But if your employer instructs the attorney he can share the copies of the same with you.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Labor and 140 is property of the employer, most of the cases it is not provided to the employee. And yes thats pretty normal.
But if your employer instructs the attorney he can share the copies of the same with you.
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jonty_11
05-05 05:57 PM
I think this kind of question can be best answered by USCIS.....
So when u call next ask this...
So when u call next ask this...
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nk2006
10-02 02:07 PM
That's a bit too sensational thread title for something that happened in 2006.
That too he was trying to connect to the questioner and made a minor gaffe (which he is famous for). His office later said he admired the growing Indian-American community in the state of Delaware and was talking about how new families were benefiting the local economy by taking over small businesses.
As I drive thru Delaware I do noticed the number of DunkinDonuts owned/operated by Indian Americans - which is quite good and I actually felt proud of that - its not just cool high-tech companies that help a state's economy - it includes everything, and a DunkinDonut owner is an entrepreneur as well.
That too he was trying to connect to the questioner and made a minor gaffe (which he is famous for). His office later said he admired the growing Indian-American community in the state of Delaware and was talking about how new families were benefiting the local economy by taking over small businesses.
As I drive thru Delaware I do noticed the number of DunkinDonuts owned/operated by Indian Americans - which is quite good and I actually felt proud of that - its not just cool high-tech companies that help a state's economy - it includes everything, and a DunkinDonut owner is an entrepreneur as well.
mbartosik
03-12 04:07 PM
Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.
WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.
Any more comments welcome.
e.g. raising via Congressman's office.
Receipt date vs notice date of last transfer -- which sets the processing date.
WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.
Any more comments welcome.
e.g. raising via Congressman's office.
Receipt date vs notice date of last transfer -- which sets the processing date.
more...
desi3933
06-22 07:40 AM
Hi,
Can you pls help:
My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.
Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.
Questions are:
1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?
2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?
I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".
Please advise and help - thanks in advance.
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Good Luck.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
Can you pls help:
My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.
Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.
Questions are:
1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?
2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?
I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".
Please advise and help - thanks in advance.
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Good Luck.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
2010 Citroen Berlingo Tuning. al
va_dude
03-25 02:32 PM
so what's the problem here.
Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.
Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.
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paitel
08-14 08:21 PM
My wife completed her BS while on H4.
In Florida person on H4 is regarded as US resident for tuition purposes so, if you attend state university, you will pay (much) lower tuition. I don't know if this applies to other states.
In Florida person on H4 is regarded as US resident for tuition purposes so, if you attend state university, you will pay (much) lower tuition. I don't know if this applies to other states.
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eb3_nepa
03-07 08:57 PM
Excellent -- have you got in touch with Jay to help him, or are these just sitting on the sidelines suggestions?
BerkeleyBee, I have contacted Jay but i am not sure how much i will be able to help with this one in particular. I have a few questions:
1) What exactly does the membership drive entail?
2) How does the process work?
3) Is there a team already established? If it is then how many members does it have?
BTW i DID attend the conference call, but due to connection problems, i was not able to follow the membership drive part. If a team is already established, then the point i was trying to make was, some members of that team can work on converting existing "free" members to "paid" members.
BerkeleyBee, I have contacted Jay but i am not sure how much i will be able to help with this one in particular. I have a few questions:
1) What exactly does the membership drive entail?
2) How does the process work?
3) Is there a team already established? If it is then how many members does it have?
BTW i DID attend the conference call, but due to connection problems, i was not able to follow the membership drive part. If a team is already established, then the point i was trying to make was, some members of that team can work on converting existing "free" members to "paid" members.
more...
ufo2002
05-31 11:11 AM
Asian,
I know what you mean... there is nothing to stop us from doing something else totally different from our job description once we become permanent residents.
That's just how the immigration law works... and I think it applies to all nations in the world. You can't say that you want to work as a carpenter when you filed your GC as an IT skilled worker (as an example). Like as previously mentioned, it would make the LCA stage pretty obsolete.
But I think it would be GREAT if we were all allowed to freely change employers (within the same industry of work) without being shackled by employer sponsorship. I am sure that would please everybody, except for the bosses of course.
I know what you mean... there is nothing to stop us from doing something else totally different from our job description once we become permanent residents.
That's just how the immigration law works... and I think it applies to all nations in the world. You can't say that you want to work as a carpenter when you filed your GC as an IT skilled worker (as an example). Like as previously mentioned, it would make the LCA stage pretty obsolete.
But I think it would be GREAT if we were all allowed to freely change employers (within the same industry of work) without being shackled by employer sponsorship. I am sure that would please everybody, except for the bosses of course.
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nkavjs
11-09 09:15 PM
[QUOTE=tinuverma;193745]Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
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bharad
01-06 03:15 PM
Congragulations
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senthil1
12-08 03:58 PM
It will not have much impact if any president comes in the case of immigration. Anyhow most of them are not going to Veto. It is the congress who plays important role. President can just initiate the process. Bush tried his best to pass some immigration reform but divided congress defeated all the bills. Who is the reason? Not just anti immigrants but also pro immigrant groups. Expectation from pro immigrants was too much and in some cases impractical. Anti immigrants used those and defeated every time. Also anti immigrants used division in various groups like legal vs illegal, high skilled vs low skilled and H1 vs green card. Some unbiased leader need to bring a bill which should work compromise at the same time that compromise should benefit all the groups. But unfortunately most congressmen are busy in other works. Next congress is critical for any immigration reform
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jetr
08-27 12:06 PM
My 140 is Approved from Company A.I haven't filed my 485 yet.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
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patiently_waiting
09-25 07:21 PM
:) Ramba, I agree, but CBP issues I-94 based on passport expiry date. then what do you do ?
Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).
Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).
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kondur_007
10-21 10:35 AM
I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.
I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.
Go for it, I personally belive it is legal and unlikely to cause any problems with your H1.
Your paystub will still mention salary to be 5000, however it will show $500 in pretax expenses and so 4500 will be the amount deposited and taxed. For H1 purposes, you are still being paid $5000.
One thing I am not sure of: as mentioned in one of the posts above, can this be done more than one year? (i do not know the asnwer to this; clarify with your employer and their attorneys; it is not your headache anyway).
Good Luck.
I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.
Go for it, I personally belive it is legal and unlikely to cause any problems with your H1.
Your paystub will still mention salary to be 5000, however it will show $500 in pretax expenses and so 4500 will be the amount deposited and taxed. For H1 purposes, you are still being paid $5000.
One thing I am not sure of: as mentioned in one of the posts above, can this be done more than one year? (i do not know the asnwer to this; clarify with your employer and their attorneys; it is not your headache anyway).
Good Luck.
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mps
08-03 10:39 AM
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
H1B is always portable to new employer and if the basis of extension is pending GC application at any stage with other employer - thats perfectly fine.
What you do is, get H1B transfer to new employer and start your PERM with them ASAP so that,
either your PERM may be pending for more than a year before your H1B expires,
OR
you get new I-140 (if date current you get EAD if not you get another 3 year on H1B)
- I have done it myself in H1 7th year with pending LC so my situation was worse than your
Rule of thumb is GC for future employement so it does not matter which employer has pending application.
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
H1B is always portable to new employer and if the basis of extension is pending GC application at any stage with other employer - thats perfectly fine.
What you do is, get H1B transfer to new employer and start your PERM with them ASAP so that,
either your PERM may be pending for more than a year before your H1B expires,
OR
you get new I-140 (if date current you get EAD if not you get another 3 year on H1B)
- I have done it myself in H1 7th year with pending LC so my situation was worse than your
Rule of thumb is GC for future employement so it does not matter which employer has pending application.
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anilsal
11-06 10:59 AM
PIO card is valid for 15 years. Every time, your child gets a new passport (read 5 years), you need to get an entry in the PIO card. So barring a once in 5 year trip/mail to consulate, there are no issues with PIO.
It certainly does not make sense to deny OCI for a child whose parents are Indian nationals.
Look at Q.32 of
http://chicago.indianconsulate.com/OCI%20FAQs.htm
I am sure that if this new rule for OCI is going to stand for a long time, then they will request the people who got their OCI stamps to replace it with PIO cards (think of the 20 year passports that were issued first and then need to be replaced).
It certainly does not make sense to deny OCI for a child whose parents are Indian nationals.
Look at Q.32 of
http://chicago.indianconsulate.com/OCI%20FAQs.htm
I am sure that if this new rule for OCI is going to stand for a long time, then they will request the people who got their OCI stamps to replace it with PIO cards (think of the 20 year passports that were issued first and then need to be replaced).
Sakthisagar
12-02 10:24 AM
First of all. there is no talk about re-capture bill anywhere along with the Dream ACt they does not even mentioned on the revised Dream ACT, so only way is persuade Senators/Congressmen and The President, and join along with IV in the campaigns. That is the maximum each one can do.
IneedAllGreen
02-04 01:02 PM
Please reply.
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