senk1s
10-26 09:41 AM
if you have time (like vacation, travel out of US ...) available "recapture" them
You probably would have started work in Oct
And you cannot extended H1 beyond 6 yrs because your labor PD is less than a year
You probably would have started work in Oct
And you cannot extended H1 beyond 6 yrs because your labor PD is less than a year
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chanduv23
09-30 04:33 PM
I cracked up reading the post. I never really understood why they call us losers and locusts.
sri1309
02-11 07:48 PM
Guys,
I just wanted to see if I can make a point with my thread and hence gather some support for the common cause,. ease the pain for EB2/EB3 guys.
I started this thread a month back. So how many of you, or those you know, lost their jobs in the last one month. Just a study. And wanted to press on the same point as the 1st post I did.
If you had lost a job, would you do more now to high light our problems..and participate more.. ??
I just wanted to see if I can make a point with my thread and hence gather some support for the common cause,. ease the pain for EB2/EB3 guys.
I started this thread a month back. So how many of you, or those you know, lost their jobs in the last one month. Just a study. And wanted to press on the same point as the 1st post I did.
If you had lost a job, would you do more now to high light our problems..and participate more.. ??
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kishore0302
08-06 04:53 PM
DDash ,
Nothing to worry. We will be fine. I also sent my wife's 485 application on july 31, 2008 ( reached to NSC on Aug 1, 2008) .Check was deposited and cleared yesterday.
you will see your wife's check clearence today or tomorrow.
any way, Congrats...
Nothing to worry. We will be fine. I also sent my wife's 485 application on july 31, 2008 ( reached to NSC on Aug 1, 2008) .Check was deposited and cleared yesterday.
you will see your wife's check clearence today or tomorrow.
any way, Congrats...
more...
senthil1
04-04 09:57 PM
If you stay out of country for long time CIS may consider that you may abandon GC.
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?
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?
nshantha
08-14 03:42 PM
I am also 7:55 NSC R williams too... no receipt yet
more...
HumHongeKamiyab
03-16 11:32 AM
I am a primary applicant of GC. My question is can I take an unpaid vacation (for upto 6 months). FYI, My PD is EB3 - Aug 2003.
Does that affect my GC status in any way?
If this topic has been discussed earler, pl. point me to a correct thread.
Thanks,
Does that affect my GC status in any way?
If this topic has been discussed earler, pl. point me to a correct thread.
Thanks,
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Saralayar
08-11 03:43 PM
What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?
thanks.
At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.
thanks.
At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.
more...
veni001
01-18 05:48 PM
How u know that the chances are 95%? Why can't it be 5%? :D
Simple, Employer got audited and had a denial ! Second almost all software related EB2 PERM/I140 gets audited, if not you are in that 0-5% ;)
Simple, Employer got audited and had a denial ! Second almost all software related EB2 PERM/I140 gets audited, if not you are in that 0-5% ;)
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desi3933
03-13 02:48 PM
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
_______________________
Not a legal advice.
US citizen of Indian origin
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
ramaonline
07-10 07:37 PM
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
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punjabi77
10-09 11:08 AM
thanks for your response..
But i am still not convinced that one can keep both PR as well as GC.
I am quite sure that there are many people on this forum who must have applied for PR as well as GC and now got their GC.
Someone please provide some information..
But i am still not convinced that one can keep both PR as well as GC.
I am quite sure that there are many people on this forum who must have applied for PR as well as GC and now got their GC.
Someone please provide some information..
more...
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surabhi
05-21 09:29 AM
(a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
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mmk123
10-01 08:26 AM
waitingnwaiting, what a useless attempt to further divide EB community?
I have Chinese friends in my company going through similar pain and I know what they think; so no need to believe some idiot on some forum.
The real process of lawmaking is so arcane and it screws each one of us equally bad.. no matter what country..
- m
I have Chinese friends in my company going through similar pain and I know what they think; so no need to believe some idiot on some forum.
The real process of lawmaking is so arcane and it screws each one of us equally bad.. no matter what country..
- m
more...
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s416504
12-09 01:46 PM
EB?/ALL/China/India/MEXICO/PHILIPPINES
1st C C C C C
2nd C 22JUN06 08MAY06 C C
3rd 22MAR05 15DEC03 01FEB02 15APR03 22MAR05
1st C C C C C
2nd C 22JUN06 08MAY06 C C
3rd 22MAR05 15DEC03 01FEB02 15APR03 22MAR05
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msgoud
03-09 12:54 PM
he is india
he didnt go for interview,his wife went,and when was unable to answer few question they called my brother who was wiating outside for afternoon.
he didnt go for interview,his wife went,and when was unable to answer few question they called my brother who was wiating outside for afternoon.
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PavanV
11-19 07:39 PM
The OP poster was not scorning against the average american, I think you are mixing two issues up, I am sure he has done his share of charity work, and he probably sympathizes with families who don't have a job, I don't think you can direct your anger against him.
This is a capitalistic society not a communist or a socialist society, the market will/should balance itself out, new industries come up, people get hired, if the attitude of the people is protectionist, which it is, it stifles innovation and growth, which in turns stifles the growth of new companies, which in turn would have helped the folks laid off get a job. Being emotional is OK, but one must be pragmatic. That said, i believe charity begins at home, one must take care of its own kith and kin before extending arms to others.
May there be peace (Om shanti Om)
No I am not Indian, but that still makes me a H1B and greencard aplicant. So please, Antis might dislike us but that does not make them racist and hatefull against only Indians, you are not the only ones in the boat...dont make Indians the only important people here.
Plus a lot of the antis are probably people who lost a job and are finding someone to point the finger at, not right, but understandable.
I have Amercian friends who went from a good middleclass family to now being on foodstamps and not knowing how to feed their kids the next day, they dont hate me but they are upset and frustrated and scared...
Fear drives people to find a black sheep but let us not jump in there too and start hating...
Sorry but I read many many messages on forums before I finally loose my patience with the Indians only messages...lets try to not segregate but work together.:mad:
This is a capitalistic society not a communist or a socialist society, the market will/should balance itself out, new industries come up, people get hired, if the attitude of the people is protectionist, which it is, it stifles innovation and growth, which in turns stifles the growth of new companies, which in turn would have helped the folks laid off get a job. Being emotional is OK, but one must be pragmatic. That said, i believe charity begins at home, one must take care of its own kith and kin before extending arms to others.
May there be peace (Om shanti Om)
No I am not Indian, but that still makes me a H1B and greencard aplicant. So please, Antis might dislike us but that does not make them racist and hatefull against only Indians, you are not the only ones in the boat...dont make Indians the only important people here.
Plus a lot of the antis are probably people who lost a job and are finding someone to point the finger at, not right, but understandable.
I have Amercian friends who went from a good middleclass family to now being on foodstamps and not knowing how to feed their kids the next day, they dont hate me but they are upset and frustrated and scared...
Fear drives people to find a black sheep but let us not jump in there too and start hating...
Sorry but I read many many messages on forums before I finally loose my patience with the Indians only messages...lets try to not segregate but work together.:mad:
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swamy
12-08 08:53 PM
Mark Krikorian's entry on Huckabee's plan. Naturally he's not happy with Any increase on immigration even.
http://corner.nationalreview.com/post/?q=YzI5MjhhNmQwZjhjMTNlOTgyNGQxN2NkNjQ3ZmIzNzM=
Its not just any Mark Krikorian, its our beloved 'bigot/racist Mark' - please make sure you always use that prefix or he will be very upset. He's already pissed that anytime the CIS' news releases are picked up by the newspapers/TV, they apparently describe CIS as merely an organization that wants 'stricter immigration' and deliberately leave out their illustrious founding by a courageous racist John Tanton. So - in confusion, ladys, jellyspoons , julia preston, nytimes et all - don't piss off our CIS ppl or they will deport your ass to wherever it came from! And don't think just because you were born here that you are safe cos there's a bill in the works that strips birthright citizenship retroactively!
http://corner.nationalreview.com/post/?q=YzI5MjhhNmQwZjhjMTNlOTgyNGQxN2NkNjQ3ZmIzNzM=
Its not just any Mark Krikorian, its our beloved 'bigot/racist Mark' - please make sure you always use that prefix or he will be very upset. He's already pissed that anytime the CIS' news releases are picked up by the newspapers/TV, they apparently describe CIS as merely an organization that wants 'stricter immigration' and deliberately leave out their illustrious founding by a courageous racist John Tanton. So - in confusion, ladys, jellyspoons , julia preston, nytimes et all - don't piss off our CIS ppl or they will deport your ass to wherever it came from! And don't think just because you were born here that you are safe cos there's a bill in the works that strips birthright citizenship retroactively!
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raysaikat
04-17 12:46 AM
Here's our situation:
Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.
My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.
My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.
Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?
Here is what I understand, but make sure you seek professional opinion before making any move.
He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.
My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.
My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.
Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?
Here is what I understand, but make sure you seek professional opinion before making any move.
He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
dsneyog
01-14 10:37 AM
I self files.
Received : Dec 3rd
Status: Pending
My company want to book me on flight and comanty sponsored cruise. Cruise leaves on Feb 27th. I am afraid it I will have AP then. Company need some confirmation of getting it as they will lose money.
I called USCIS and placed request to Expedite based on catagory 1 (financial loss to employer or individual). I was told that I will hear somehting in 5 days?
Should I contact local congressman and place request through them? How does the procedure go? I have no clue. I have taken infopass appointment at local USCIS for next week but I know that will be waste of time.
Any suggestions?
Thanks
Received : Dec 3rd
Status: Pending
My company want to book me on flight and comanty sponsored cruise. Cruise leaves on Feb 27th. I am afraid it I will have AP then. Company need some confirmation of getting it as they will lose money.
I called USCIS and placed request to Expedite based on catagory 1 (financial loss to employer or individual). I was told that I will hear somehting in 5 days?
Should I contact local congressman and place request through them? How does the procedure go? I have no clue. I have taken infopass appointment at local USCIS for next week but I know that will be waste of time.
Any suggestions?
Thanks
txuser
03-10 03:57 PM
Thats a valid question... sorry, but Im not sure on that - You'd probably need to check with an attorney...
In my particular case, they filed for H1B transfer in Premium Processing.... So, I was told that the H1B transfer will be adjudicated prior to the L2 petition..... Eventually, the H1B transfer got denied and I got the L2 approval notice a couple of weeks down the line.
I also believe that you can file for the L2 COS immediately after you come to know that your H1B petition has been denied. An attorney would be able to comment on whether this is legal or not.
In my particular case, they filed for H1B transfer in Premium Processing.... So, I was told that the H1B transfer will be adjudicated prior to the L2 petition..... Eventually, the H1B transfer got denied and I got the L2 approval notice a couple of weeks down the line.
I also believe that you can file for the L2 COS immediately after you come to know that your H1B petition has been denied. An attorney would be able to comment on whether this is legal or not.
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