munnu77
04-29 08:44 PM
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whitecollarslave
01-28 04:32 PM
The misconception that immigrants are displacing American workers is gaining popularity. If we are to make a case for immigration reform that helps EB community, we ought to show that EB immigrants are not displacing American workers, but helping the overall economy. In the midst of current economic situation and growing public sentiment against immigrants, paying taxes, obeying laws and assimilating with American society and culture is not enough. It is important to stress the obvious - how individuals from EB community are contributing towards the economy, innovation and competitiveness. In order to illustrate this, I would like to get examples of people from EB community.
The people mentioned in the earlier replies do not help this argument. I am looking for examples such as the founder of orkut - who is an EB immigrant, once on H1-B visa.
Thanks again.
The people mentioned in the earlier replies do not help this argument. I am looking for examples such as the founder of orkut - who is an EB immigrant, once on H1-B visa.
Thanks again.
ns007
01-04 09:37 AM
1. If you are paying for the GC process, then fire your attorney and get a new one who knows how to port the priority dates.
2. If employer is paying for it, ask them that you would pay for the second I-140.
3. If employer does not agree on either of the choices listed above:
a. File for EB3 I-140
b. Join a new employer and file a new EB2 labor and port your EB3 priority date.
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
2. If employer is paying for it, ask them that you would pay for the second I-140.
3. If employer does not agree on either of the choices listed above:
a. File for EB3 I-140
b. Join a new employer and file a new EB2 labor and port your EB3 priority date.
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
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hdos
06-10 08:01 PM
I do worry about the stay here rightnow, I do not worry about when green card comes.
I do have family and have to take of many things since we are since 7 year in this country.
It would not be enough time to wind up everything in such a short period of time.
If you are talking about having vacation for 1 year in india and come back after 1 year, there are again 100000 people like me who wants to come back. So it is not simple to come back after you go out of this country, and even though they are going after foreign labor doing american jobs.
Even it will be the good to start GC process from the beginning from different company after H1 transfer and having continues stay rather than going back and finding another US employer. I do not know at this moment, how will that happend.
Anyways, once I go back than I would not like to come back and waste 10 years of my life to become citizen of different country. It is a total waste of time and money. anyways that is a diff story, we are not discussing that here rightnow.
I sent him an email and I will be filing WH4 with DOL if he does not reply.
Rightnow the issue is to find out the reason for I140 Denial, hopefully employer will reply.
Thanks,
I do have family and have to take of many things since we are since 7 year in this country.
It would not be enough time to wind up everything in such a short period of time.
If you are talking about having vacation for 1 year in india and come back after 1 year, there are again 100000 people like me who wants to come back. So it is not simple to come back after you go out of this country, and even though they are going after foreign labor doing american jobs.
Even it will be the good to start GC process from the beginning from different company after H1 transfer and having continues stay rather than going back and finding another US employer. I do not know at this moment, how will that happend.
Anyways, once I go back than I would not like to come back and waste 10 years of my life to become citizen of different country. It is a total waste of time and money. anyways that is a diff story, we are not discussing that here rightnow.
I sent him an email and I will be filing WH4 with DOL if he does not reply.
Rightnow the issue is to find out the reason for I140 Denial, hopefully employer will reply.
Thanks,
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meridiani.planum
07-10 09:22 PM
inline...
Hi,
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?
-- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
yes, he will get a one year extension since his LC is atleast one yaer old.
3. What if the old employer revokes his I140 now? His GC process is invalid?
yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.
4. If we leave about GC, Can he do H1 transfer atleast?
yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
He will also need a copy of his labor certificate to be able to file a transfer+extension.
At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved
Hi,
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?
-- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
yes, he will get a one year extension since his LC is atleast one yaer old.
3. What if the old employer revokes his I140 now? His GC process is invalid?
yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.
4. If we leave about GC, Can he do H1 transfer atleast?
yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
He will also need a copy of his labor certificate to be able to file a transfer+extension.
At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved
diptam
06-04 01:04 PM
Hey,
Anyone else is like me - My 9th yr H extension was receipted from VERMONT on Jan9th '08 and its almost June 9th '08 and I'm still "Pending"... The peoples i know of got it in 2-3 months , worst case is 4 months.
Earlier i had Extension from VERMONT within 1-2 months , don't know what special stuff they have found for me this time !! :rolleyes:
Hello diptam,
I am on H1 with AOS pending. I will be applying for H1 extension for first time. Could you give me a link for the procedure and documentaion. My period expires on Sept 2008.
Thanks
Anyone else is like me - My 9th yr H extension was receipted from VERMONT on Jan9th '08 and its almost June 9th '08 and I'm still "Pending"... The peoples i know of got it in 2-3 months , worst case is 4 months.
Earlier i had Extension from VERMONT within 1-2 months , don't know what special stuff they have found for me this time !! :rolleyes:
Hello diptam,
I am on H1 with AOS pending. I will be applying for H1 extension for first time. Could you give me a link for the procedure and documentaion. My period expires on Sept 2008.
Thanks
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samcam
05-24 10:04 AM
We currently have 104 guests.. total membership is 3992.. I think today is the day we are going to cross 4000 mark... Guests, if you have not registered, please do so...
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dingudi
09-30 06:48 PM
Hi, can anyone shed some light on what happens if the 485 and 140 both are pending for more than 180 days and the applicant is laid off? Does AC21 come handy or any other way out? Also, only 6 months remain on the H1B(8th year extension).
I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.
As for AC21 law, it is associated with an approved I-140 and not a pending I-140.
I-485 July 2 filer , ND Sept 10
No FP yet
I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.
As for AC21 law, it is associated with an approved I-140 and not a pending I-140.
I-485 July 2 filer , ND Sept 10
No FP yet
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WAIT_FOR_EVER_GC
07-24 09:12 AM
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GC_LOOKIN
09-12 12:56 PM
Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.
Guys, Please update if you hear more of similar cases.
this sounds encouraging:) hopefully we will get receipts soon
Guys, Please update if you hear more of similar cases.
this sounds encouraging:) hopefully we will get receipts soon
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gc_samba
07-17 04:44 PM
Kaisersose thank you for your reply. Is their a time limit for how long I have to work for the GC filling employer? what worries me is if they fire me in lets say 1 month after hire during their probation period am I safe? Even though i was working part time some where else.
As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.
Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".
As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.
Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".
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satishku_2000
02-13 02:36 PM
In last May I applied on thursday and got a new passport on Saturday ...
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uvatbc
11-07 07:44 AM
i have no particular affinity for either democrats or republicans (and since i cannot vote - dont care much either) - but not everything in this list is bad......
1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.
2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense
3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?
4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.
the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........
1. The 14th amendment is what this country created as a result of the civil war to end slavery. The congress-critters thinking of repealing this amendment either have forgotten their history or are evil in ways people have not understood.
2 and 3. Expectations of a balanced budget is an excellent example of not understanding the consequences of previous policies. Either a. reduce spending or b. increase taxation.
Neither is acceptable, but we still want a balanced budget. When I was young, I learnt these basics of supply and demand by carefully managing my pocket money. I suppose the rich congress kids never had to think like that.
4. I don't really know enough to comment on this
1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.
2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense
3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?
4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.
the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........
1. The 14th amendment is what this country created as a result of the civil war to end slavery. The congress-critters thinking of repealing this amendment either have forgotten their history or are evil in ways people have not understood.
2 and 3. Expectations of a balanced budget is an excellent example of not understanding the consequences of previous policies. Either a. reduce spending or b. increase taxation.
Neither is acceptable, but we still want a balanced budget. When I was young, I learnt these basics of supply and demand by carefully managing my pocket money. I suppose the rich congress kids never had to think like that.
4. I don't really know enough to comment on this
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santb1975
05-17 11:00 PM
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txuser
05-24 12:53 PM
Once you complete the e-filing, the online system will generate a PDF which has the instructions on how/whom to send the documents. You also need to attach a copy of the PDF while sending the docs.
I sent the docs thru USPS, with delivery confirmation.
Yeah, after the e-filing is completed, you will get the receipt number, using which you can track your petition online.
I sent the docs thru USPS, with delivery confirmation.
Yeah, after the e-filing is completed, you will get the receipt number, using which you can track your petition online.
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martinvisalaw
08-07 04:08 PM
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.
I'm assuming that you are from India and therefore don't need any visa to work in India.
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.
I'm assuming that you are from India and therefore don't need any visa to work in India.
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browncow
04-25 04:32 PM
Where did you get that?
http://www.usimmigrationsupport.org/marriage.html
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hoolahoous
02-04 10:53 AM
since it was USCIS who lost the documents, shouldn't they give YOU benifit of doubt ? Specially considering that they KNOW that there was an AUTO created I-140 in their system. Technically you can't file I485 without I140. If their system indicates that they have created an I-140 that itself indicates that they accepted the error on their part first.
If you challenge USCIS decision in court, I think you have a good chance of getting the decision reverted.
PS: I am not an attorney so consult an attorney first.
If you challenge USCIS decision in court, I think you have a good chance of getting the decision reverted.
PS: I am not an attorney so consult an attorney first.
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canmt
11-16 08:21 AM
Read posts on AC21 for details.
amitjoey
03-17 12:26 PM
Ask your lawyer. I agree, be proactive and if there is a way you can send the results and file it with your case, do it. Any case medicals are valid for 12-18 months, so if an RFE comes, You can send them same ones again. Again, not sure if you can do this, ask your lawyer.
kondur_007
08-19 10:51 AM
While thousands of Indians are trying their best to make a cut into citizenship club, here is one Indian-origin Doctor bringing bad name by commiting immigration fraud.
Psychiatrist gets 10 months, gave fake citizenship waivers to 492 | Detroit Free Press | Freep.com (http://www.freep.com/article/20090818/NEWS03/90818074/1318/Psychiatrist-gets-10-months--gave-fake-citizenship-waivers-to-492)
Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.
What I don't understand is what is the importance of this news?
It seems like a US person (he may even been born in US) committed a crime; and got punished. What he did is shameful. But how does it matter if he was of Indian origin or Somalian origin!! (by the way, there is no mention in the news about "indian origin"; he was just a US person and that's all he still is.) That's the beauty of this country, no descrimination.
If you still eventually want to be identified in news as "of indian origin" rather than US person, you are in a wrong country. This is a melting pot where you will be accepted as "one of them", but you also must have of spirit of "becoming one of them". And yes, you are proudly allowed and you should carry your own heritage with you, just make it a part of the whole society.
Hope you understand.
Psychiatrist gets 10 months, gave fake citizenship waivers to 492 | Detroit Free Press | Freep.com (http://www.freep.com/article/20090818/NEWS03/90818074/1318/Psychiatrist-gets-10-months--gave-fake-citizenship-waivers-to-492)
Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.
What I don't understand is what is the importance of this news?
It seems like a US person (he may even been born in US) committed a crime; and got punished. What he did is shameful. But how does it matter if he was of Indian origin or Somalian origin!! (by the way, there is no mention in the news about "indian origin"; he was just a US person and that's all he still is.) That's the beauty of this country, no descrimination.
If you still eventually want to be identified in news as "of indian origin" rather than US person, you are in a wrong country. This is a melting pot where you will be accepted as "one of them", but you also must have of spirit of "becoming one of them". And yes, you are proudly allowed and you should carry your own heritage with you, just make it a part of the whole society.
Hope you understand.
