indyanguy
06-29 07:28 PM
Thanks for the reply. Here's why it becomes more complicated. I asked my attorney about starting a new EB2 process (I have a MS from US). However, the attorney says he doesn't recommend starting a new PERM process as he strongly believes that this will affect the current EB3 I-140 application. He feels that USCIS will look at the ongoing EB3 application and deem it unnecessary to approve it (as I would have applied for a different position for EB2). Hence I might lose my PD !!
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
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gc_on_demand
09-09 02:23 PM
These references are from the statement made on 24th June 2009. Nothing after that !!!!!!!!!!
:rolleyes:
CIR could not even get passed in 06 . 07 and right now economy is down so no hope for it. May be Obama wants to keep hope alive in Hispanic Voters so dems can win election in Nov 2010. Health Care is lagging behind schedule and it is very hard for him to press. How can people support CIR....?
also Hispanic caucus will not allow piecemeal until CIR fails. So I don't see even little ray of hope for recapture. Now left over is admin fixes. God knows what can be done under admin fixes..
:rolleyes:
CIR could not even get passed in 06 . 07 and right now economy is down so no hope for it. May be Obama wants to keep hope alive in Hispanic Voters so dems can win election in Nov 2010. Health Care is lagging behind schedule and it is very hard for him to press. How can people support CIR....?
also Hispanic caucus will not allow piecemeal until CIR fails. So I don't see even little ray of hope for recapture. Now left over is admin fixes. God knows what can be done under admin fixes..
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check_name
07-24 07:32 PM
what's the full name of Murthy?
thanks!
Isn't Murthy in the DC Area?
thanks!
Isn't Murthy in the DC Area?
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ArkBird
12-04 02:33 PM
Unlikely considering how economy is doing.
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bigboy007
04-18 03:50 AM
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
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ChangingJobs
06-29 10:27 PM
Here is my situation:
- I have a valid H1B and EAD through Employer A. My current status is H1B.
- I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:
1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.
2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.
Your answer will be very helpful for me to take the right decision.
Thanks in Advance
- I have a valid H1B and EAD through Employer A. My current status is H1B.
- I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:
1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.
2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.
Your answer will be very helpful for me to take the right decision.
Thanks in Advance
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bijualex29
03-24 12:18 PM
That is my opinion. I may be wrong. I was always under the impression with my 2 cent of brain that 7% of ( Familiy Based+ Emplyment Based ) will be given to each state.
I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.
Can some one share there light on it please.
I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.
Can some one share there light on it please.
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gconmymind
02-29 01:00 PM
Just ask your company to furnish all financial evidence asked for, like Tax statements, Revenue, etc. This is a one of the more common queries for 140. Dont worry too much and respond as soon as you can.
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Macaca
02-09 02:19 PM
Some paras from Complaints Rise Against Immigration Lawyers (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/06/AR2007010601214.html). There was a nearby link that had telephone numbers. I could not find it. I had posted the numbers in a Lawyers thread. I could not find the thread.
Complaints against immigration lawyers working in and around the nation's capital are rising, say officials who investigate allegations of attorney misconduct.
Last year, the D.C. Office of Bar Counsel received 59 complaints about immigration lawyers, up from 49 in 2005 -- when, for the first time, immigration law drew more complaints than any other specialized practice area.
Bolivian immigrants Rene and Fanny Saavedra of Gaithersburg with son Alexis. Rene Saavedra won permanent U.S. residency in 2000, but his wife was mistakenly told by their attorney that she would have to wait for her green card. (By Lucian Perkins -- The Washington Post)
The bar counsel office is finalizing 2006 totals for other categories, but complaints about immigration law appear likely to rank near the top again.
Federal sanctions have been rising in recent years. Established in 2000, the bar counsel at the Executive Office for Immigration Review, the Justice Department branch that oversees U.S. immigration courts and the Board of Immigration Appeals, disciplined 47 immigration lawyers last year and 54 the previous year -- up from 22 in 2000.
Complaints against immigration lawyers working in and around the nation's capital are rising, say officials who investigate allegations of attorney misconduct.
Last year, the D.C. Office of Bar Counsel received 59 complaints about immigration lawyers, up from 49 in 2005 -- when, for the first time, immigration law drew more complaints than any other specialized practice area.
Bolivian immigrants Rene and Fanny Saavedra of Gaithersburg with son Alexis. Rene Saavedra won permanent U.S. residency in 2000, but his wife was mistakenly told by their attorney that she would have to wait for her green card. (By Lucian Perkins -- The Washington Post)
The bar counsel office is finalizing 2006 totals for other categories, but complaints about immigration law appear likely to rank near the top again.
Federal sanctions have been rising in recent years. Established in 2000, the bar counsel at the Executive Office for Immigration Review, the Justice Department branch that oversees U.S. immigration courts and the Board of Immigration Appeals, disciplined 47 immigration lawyers last year and 54 the previous year -- up from 22 in 2000.
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drirshad
07-22 05:35 PM
Change ur screen name dude otherwise it will be mistakes all the way ....
By Mistake.I said yes.
By Mistake.I said yes.
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ajay
08-16 08:41 PM
What are the supporting docs along with AP? I will be travelling by Emirates via Dubai in Novemeber.
TIA
The AP should be accompanied by employer's letter that proves your support,i .e.It is a simple letter which states that the employer supports your I485.
Please also carry few recent paystubs and copies of all h1,if they are not stamped in the passport. This was asked at POE in IAD(Washington Dulles International Airport).
TIA
The AP should be accompanied by employer's letter that proves your support,i .e.It is a simple letter which states that the employer supports your I485.
Please also carry few recent paystubs and copies of all h1,if they are not stamped in the passport. This was asked at POE in IAD(Washington Dulles International Airport).
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katrina
01-24 12:25 PM
just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.
I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.
FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?
Please help and Big thanks
On contrary if you chose CP you have to maintain your status until your greencard get approved. Try to read this link it give a detail that if you choose CP it suggest to keep your H1b in case your greencard not get approved you still be able to get back to united states.
http://www.usvisahelp.com/art_consprocess.html
Since your HR believe your lawyer more than you, what you can do is do your homework by research on the internet find the written proof that stated you can extend your H1b visa after your submitted your I-140 more than a year (pending labour certificate more than a year ) and after your I-140 get approved you can extend it up to 3 year.
go to uscis web ( http://www.uscis.gov) or yates memo regarding H1b Extension ( http://www.murthy.com/news/UDh121st.html)
find the statement that can back your case.
Then get a second opinion from a prominent lawyer, paid the fee for 1 hour consulation and ask your HR to talk to the lawyer directly then contest your current laywer back after all information gathered and asked him/her why she still said that you can't extend your H1b if you submit your I-i140 now.
Hope this help :) good luck
I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.
FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?
Please help and Big thanks
On contrary if you chose CP you have to maintain your status until your greencard get approved. Try to read this link it give a detail that if you choose CP it suggest to keep your H1b in case your greencard not get approved you still be able to get back to united states.
http://www.usvisahelp.com/art_consprocess.html
Since your HR believe your lawyer more than you, what you can do is do your homework by research on the internet find the written proof that stated you can extend your H1b visa after your submitted your I-140 more than a year (pending labour certificate more than a year ) and after your I-140 get approved you can extend it up to 3 year.
go to uscis web ( http://www.uscis.gov) or yates memo regarding H1b Extension ( http://www.murthy.com/news/UDh121st.html)
find the statement that can back your case.
Then get a second opinion from a prominent lawyer, paid the fee for 1 hour consulation and ask your HR to talk to the lawyer directly then contest your current laywer back after all information gathered and asked him/her why she still said that you can't extend your H1b if you submit your I-i140 now.
Hope this help :) good luck
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lacrossegc
08-10 02:08 PM
lets hope that the administration actually implements what it says it wants to do ...
reducing the waiting times for background checks will help ....so that most adjustment apps will move to the "recommend approval" stage quickly and just wait for the Visa numbers to be current......
reducing the waiting times for background checks will help ....so that most adjustment apps will move to the "recommend approval" stage quickly and just wait for the Visa numbers to be current......
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GC_1000Watt
10-12 04:38 PM
You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
more...
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quizzer
01-08 06:18 PM
One of my colleague did withdraw his PF in an exactly same situation (not in TCS though), and you can definitely file 10C and 19 directly with the PF office without involving your employer. PF administration is now much more efficient and strictly works on behalf of employees, not employers. Even if any PF amount is not deposited by the company, PF has started taking immidiate actions against them.
Thank you richi.
Iam also thinking on the same lines.
Also looking forward to any TCS PF withdrawal experiences.
Thanks
Thank you richi.
Iam also thinking on the same lines.
Also looking forward to any TCS PF withdrawal experiences.
Thanks
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snathan
07-27 11:44 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
The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.
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
The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.
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GCWhru
03-26 02:10 PM
Do you have any source on this....I also had to amend my H1B last month. Its done without any issues..
My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.
But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.
My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.
But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.
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santiwar
07-24 11:15 PM
I contributed once in the past for (100 Bucks). I am feeling the pinch lately because of all these I-485 filing expenses ( i know, it does sound like a lame excuse :p ). Rest assured, will be contributing in the future..
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CRAZYMONK
07-20 02:47 PM
ofcourse you can renew your H1B using your pending I485 and you should get 3 years extension. There should not be any problem.
I don't think your revoked I140 will pose any problems as your MTR is accepted.
Filing your H1b and what documents to be included will be taken care by your attorney.
I think you should be OK. Any way all the best
I don't think your revoked I140 will pose any problems as your MTR is accepted.
Filing your H1b and what documents to be included will be taken care by your attorney.
I think you should be OK. Any way all the best
indyanguy
05-08 04:15 PM
I am not sure if it's worth the hassel of trying to interfile. Since EB1 is current most of the times, it may not be worth trying to recapture the EB2 PD.
anreddy77
07-09 11:04 PM
I feel there is no better country than India in the long run..believe me!!!
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