lapisguy
07-25 05:42 PM
Hi,
I was going thru the chain of I-140 issues, my case is a bit similar but wanted some expert advice...
My employer filed I-140 in June but I did not get any approval yet so my employer ask me to wait until it approved then file for I-485?
Are there chances that if I file I-485 it would get rejected?
I was going thru the chain of I-140 issues, my case is a bit similar but wanted some expert advice...
My employer filed I-140 in June but I did not get any approval yet so my employer ask me to wait until it approved then file for I-485?
Are there chances that if I file I-485 it would get rejected?
gc_chahiye
12-07 04:48 PM
... Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count
nope. My own manager in my previous company got his GC done in EB1. He is not a VP or anything, just a project manager! Some reports here, some in the india office + a nice case prepared by a top lawfirm and you can be all set.
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count
nope. My own manager in my previous company got his GC done in EB1. He is not a VP or anything, just a project manager! Some reports here, some in the india office + a nice case prepared by a top lawfirm and you can be all set.
bbenhill
01-12 01:03 PM
Its' very depressing state, I really feel bad about current state of affairs of economy...
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Skd, it was nice of you .. I gave you green :)
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Skd, it was nice of you .. I gave you green :)
pointlesswait
04-20 09:03 AM
Dude,... Fasa is only for US citizens..
and even the banks will reject you if u dont have a GC..
You get only a personal loan....or personal line of credit..from MBNA...(best option)
Pvt. student loans ...from accessgroup.org..have stopped since nov. last year.
Google for FASA and try to fill in the application for federal aid online. It will most probably be rejected as federal government does not provide loans for foreign students. But you need to fill in this to apply for loan in any major banks like chase, bank of america or wells fargo, salli Mae etc.
After you get rejection from FASA call any of the major banks and try for a loan. If you have a guarantor in United States with good credit score the loan will easily get approved. Even if you dont have some guarantee, just call these banks and give it a try. Who knows, you may be lucky and you might get a loan.
and even the banks will reject you if u dont have a GC..
You get only a personal loan....or personal line of credit..from MBNA...(best option)
Pvt. student loans ...from accessgroup.org..have stopped since nov. last year.
Google for FASA and try to fill in the application for federal aid online. It will most probably be rejected as federal government does not provide loans for foreign students. But you need to fill in this to apply for loan in any major banks like chase, bank of america or wells fargo, salli Mae etc.
After you get rejection from FASA call any of the major banks and try for a loan. If you have a guarantor in United States with good credit score the loan will easily get approved. Even if you dont have some guarantee, just call these banks and give it a try. Who knows, you may be lucky and you might get a loan.
more...
benbear
11-08 03:49 PM
If this 655K number of AOS is true, then the number of pending EB AOS is NOT big.
The total number of pending AOS in June, right before the July VB fiasco, is 597K.
Because DOS controls FB cut off date pretty well, we don�t expect receiving spike and approving spike for FB cases in July VB fiasco. In another word, the number of FB received cases and the number of FB approved cases
should be about same.
EB pending cases in September only grows (655K-597K= 58K) compared with the number in June.
This 58K cases probably are evenly distributed from 2001 to 2007, roughly10K
every year.
So, we should see big jump in EB Visa bulletin, since there are no BEC, 245i excuses any more and all the cases are in the hand of USCIS.
per USCIS released information approx 655K AOS pending application as of end of Sept 2007.
It's also has 281K EAD & 188K AP pending applications.
So long way to go for GC journey...
Source: http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
The total number of pending AOS in June, right before the July VB fiasco, is 597K.
Because DOS controls FB cut off date pretty well, we don�t expect receiving spike and approving spike for FB cases in July VB fiasco. In another word, the number of FB received cases and the number of FB approved cases
should be about same.
EB pending cases in September only grows (655K-597K= 58K) compared with the number in June.
This 58K cases probably are evenly distributed from 2001 to 2007, roughly10K
every year.
So, we should see big jump in EB Visa bulletin, since there are no BEC, 245i excuses any more and all the cases are in the hand of USCIS.
per USCIS released information approx 655K AOS pending application as of end of Sept 2007.
It's also has 281K EAD & 188K AP pending applications.
So long way to go for GC journey...
Source: http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
Maverick_2008
02-22 10:14 PM
I'm sure you know the logic why it goes backwards but your comment did bring a smile on my face. Isn't it interesting that arguably, the most progressive country is working backwards? :)
Maverick_2008
How the hell can these service centers move processing time backwards? I don't get it. Do they work backwards?
Maverick_2008
How the hell can these service centers move processing time backwards? I don't get it. Do they work backwards?
more...
needhelp!
09-16 02:48 PM
top priority to this one..
dehradoon
02-10 04:55 PM
Hi all,
I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.
Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?
Please advice..I need to make a decision this weekend!!
Thanks
San
Has it been 180 days since your 485 was filed. You can switch if YES, Valid H1B is an extra umbrella when using EAD if something goes wrong with EAD. Honestly, I do not see any benefit of H1B over EAD except that it can be valid for longer period of time where as EAD needs to be extended every year ....
I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.
Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?
Please advice..I need to make a decision this weekend!!
Thanks
San
Has it been 180 days since your 485 was filed. You can switch if YES, Valid H1B is an extra umbrella when using EAD if something goes wrong with EAD. Honestly, I do not see any benefit of H1B over EAD except that it can be valid for longer period of time where as EAD needs to be extended every year ....
more...
kirupa
11-26 02:06 AM
Temp - that is a great idea. Mind if I steal your image for the first post of this thread? :evil:
smileyslimey
11-30 08:59 AM
Hi,
My current H1 expires in Nov 2007 and I am working in the oil and gas field. I am also pursuing an MBA which will end in mid-2008. My current employers have started the PERM process and hopefully I will have an approved I-140 by mid 2007, so that I can get renewals at that time.
The question is that if I want to shift to another industry, say consulting or supply chain management, after my MBA is over, can I get a new H1 from my would-be employers? That is while I am on my current I-140 renewal with an oil and gas job description? I will have exceeded my 6yrs by then, anyway.
Any advice will be appreciated.
Thanks.
Regards.
My current H1 expires in Nov 2007 and I am working in the oil and gas field. I am also pursuing an MBA which will end in mid-2008. My current employers have started the PERM process and hopefully I will have an approved I-140 by mid 2007, so that I can get renewals at that time.
The question is that if I want to shift to another industry, say consulting or supply chain management, after my MBA is over, can I get a new H1 from my would-be employers? That is while I am on my current I-140 renewal with an oil and gas job description? I will have exceeded my 6yrs by then, anyway.
Any advice will be appreciated.
Thanks.
Regards.
more...
chanduv23
09-30 04:43 PM
i just called USCIS to find out when i would be recieving the mail...a very nice lady told me that it is taking 30 days for us to get the mail. Even though they say they have mailed.
She said one more thing which I am not sure how far I would beileve....she said:
"It does not matter what the visa bulletein dates show as you have already filed the applications..so all you need to look at is Processing dates."
i asked her then even if the visa bulletein dates are not current for my case then do we have any chance of getting the gc...she said yes...if yours come under the processing dates.
I am not sure what to make of this.....
She has no clue on what she is talking or probably she misses the whole point about PD, so she says look at RD and processing timeframe
She said one more thing which I am not sure how far I would beileve....she said:
"It does not matter what the visa bulletein dates show as you have already filed the applications..so all you need to look at is Processing dates."
i asked her then even if the visa bulletein dates are not current for my case then do we have any chance of getting the gc...she said yes...if yours come under the processing dates.
I am not sure what to make of this.....
She has no clue on what she is talking or probably she misses the whole point about PD, so she says look at RD and processing timeframe
raj1998
04-13 12:49 PM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
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ganguteli
06-12 11:26 AM
Why before October?
Because this year's greencards are expired. New quota starts in October. So he should apply labor by then so that he gets his greencard on Oct 1, 2009 by overnight FedEx at 9.00 AM.
Because this year's greencards are expired. New quota starts in October. So he should apply labor by then so that he gets his greencard on Oct 1, 2009 by overnight FedEx at 9.00 AM.
cbadari99
05-18 04:59 PM
Wont make a major difference overall except take PhD out of the queue.
Anyway PhDs are very few per year. A lot of PhDs taking
faculty positions get EB1 anyway so this bill would mainly help those PhDs
with EB2
Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.
Anyway PhDs are very few per year. A lot of PhDs taking
faculty positions get EB1 anyway so this bill would mainly help those PhDs
with EB2
Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.
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priti8888
10-05 11:56 AM
How can someone with EB3 with a later PD get GC before me? If he has been approved there should be valid reason why mine is not approved, the reason should be something other than USCIS ineffeciency.
Because his RD is before yours. When a PD is current , GC is isssued based on RD.So if your PD is May 2002, but RD is July 2007. and another guys PD is May 2004 but his RD is June 2007...The other guy will get GC first.
In july uscis assigned visa numbers to variious cases with older RD regardless of PD.Hence, you will see approvals in the coming month, inspite of the fact that their PD is not current.
Because his RD is before yours. When a PD is current , GC is isssued based on RD.So if your PD is May 2002, but RD is July 2007. and another guys PD is May 2004 but his RD is June 2007...The other guy will get GC first.
In july uscis assigned visa numbers to variious cases with older RD regardless of PD.Hence, you will see approvals in the coming month, inspite of the fact that their PD is not current.
purplehazea
01-25 04:50 PM
wah wah wah wah!
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bluez25
07-15 01:32 PM
^^^^^^^^
gc_bulgaria
02-12 02:47 PM
I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.
Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).
Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).
Maverick5
08-26 03:57 PM
I am also in the same boat. I have my Masters in Mechanical Engineering. I had filed for H1B with companies A & B as Mechanical Engineer and have worked with them for 1.5 years each.
Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).
Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
Thanks.
Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).
Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
Thanks.
sparky_jones
02-03 02:44 PM
Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.
JunRN
09-17 10:10 AM
Once this bill passed the Committee, there are more work to do. We need to call again so that it will be put to vote at the Full House level and then, at the Senate.
I sent "Thank you!!!" flowers to Sen. Menendez for sponsoring the same bill in the Senate.
Let's call again today. Time is precious.
I sent "Thank you!!!" flowers to Sen. Menendez for sponsoring the same bill in the Senate.
Let's call again today. Time is precious.
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