deardar
09-14 03:44 PM
i understood that. I was just kidding :D
The newly acquired ART OF BASHING has kept me on toes.
Scared to post .:p
The newly acquired ART OF BASHING has kept me on toes.
Scared to post .:p
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vinzak
03-20 12:47 PM
Hi Everyone,
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
Firstly, Congratulations!!
If you have the baby in India, the baby cannot come to the US till your PD becomes current. Till then you cannot add any dependents to yr 485. Given that yr priority date is EB3 2007, that might be a long long time. It's a huge risk to take.
The other alternative is for you to switch back to H1, so you can get the baby here on h4. I'm not sure what that will do to yr 485 though.
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
Firstly, Congratulations!!
If you have the baby in India, the baby cannot come to the US till your PD becomes current. Till then you cannot add any dependents to yr 485. Given that yr priority date is EB3 2007, that might be a long long time. It's a huge risk to take.
The other alternative is for you to switch back to H1, so you can get the baby here on h4. I'm not sure what that will do to yr 485 though.
msp1976
02-12 06:16 PM
Folks,
employer's attorney claims that there is no such thing as H4 premium processing.
Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?
I searched all Mathew-Oh updates dated one year ago and can't locate it.
I need to get that h4 under premium ASAP so that I can transfer to H1 in April.
Can anyone please help?
As I understand once you filed the H4 extension and have a receipt in hand..why do you even care to do the premium processing for H4 ??
Just go ahead with your H1 transfer and file the H4 extension again.... as a proof of valid status attach the receipt for your earlier extension request...
If they cannot process the earlier request fast enough that is not your fault...As far as H4 is concerned .... I doubt that you need to be that paranoid....As long as you have a valid H1 ...They would give H4...
employer's attorney claims that there is no such thing as H4 premium processing.
Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?
I searched all Mathew-Oh updates dated one year ago and can't locate it.
I need to get that h4 under premium ASAP so that I can transfer to H1 in April.
Can anyone please help?
As I understand once you filed the H4 extension and have a receipt in hand..why do you even care to do the premium processing for H4 ??
Just go ahead with your H1 transfer and file the H4 extension again.... as a proof of valid status attach the receipt for your earlier extension request...
If they cannot process the earlier request fast enough that is not your fault...As far as H4 is concerned .... I doubt that you need to be that paranoid....As long as you have a valid H1 ...They would give H4...
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yabadaba
08-20 03:43 PM
I am glad they have started enforcing this. This will let them work on the cases rather than answer the calls.
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.
more...
gc28262
07-21 09:33 AM
IMO it looks like USCIS is trying to find some reason to deny an H1B petition. Fragomen doesn't have the guts to defend their clients before USCIS since they underwent some investigation.
They are just trying to play safe.
They are just trying to play safe.
sniffing
08-10 11:54 AM
on the same line i have a question about adding my Spouse to my 485 when she on F1 Status. Will this cause any issues? Please share your thoughts
Thanks..
Thanks..
more...
Jim
January 5th, 2005, 08:27 PM
Very nice, Freddy. I like what you have done with this image. The red is perfect.
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shx
03-31 06:14 PM
Its almost common knowledge that most of L1s are given to rank and file employees. Out of all the L1 people that I know, there's not even one that can be said to possess specialized knowledge. I'm sure there are a few legitimate L1 cases.
Don't give me this divide and conquer crap. A loophole is a loophole and it needs to be plugged, be it H1 or L1.
Don't give me this divide and conquer crap. A loophole is a loophole and it needs to be plugged, be it H1 or L1.
more...
chanduv23
09-16 03:01 PM
Well...This is called "Heights" or "Crossing the limits". Now come on...a friend who has helped u a lot in the past, but cannot(or will not) make it to DC for whatever reasons, u r gonna cut ur relationship with him??? Either u r mean or u dont respect ur friend's decision. Different ppl have different perspectives and one shud respect that rather than cutting off valuable relationships by being narrow minded and expect others to follow what he/she is doing. Else they'll be loners all their lives.
These people are lazy, selfish cowards - they don't have guts to come forward and tell me "Hey, I just cannot come but I am supportive of the cause"
Yes - I know who helped and who did not - those who helped me in the past are supportive
So thanks for your advice - I know what I am doing here - and see you at the rally
These people are lazy, selfish cowards - they don't have guts to come forward and tell me "Hey, I just cannot come but I am supportive of the cause"
Yes - I know who helped and who did not - those who helped me in the past are supportive
So thanks for your advice - I know what I am doing here - and see you at the rally
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eb3_nepa
10-26 03:50 PM
Can you talk in english please?
A better option is to put me in touch with the guy that speaks "tech". English will not solve the problem;)
Common IV members we are a community of Technical ppl, surely SOMEONE can come up with a solution to this problem?
A better option is to put me in touch with the guy that speaks "tech". English will not solve the problem;)
Common IV members we are a community of Technical ppl, surely SOMEONE can come up with a solution to this problem?
more...
arihant
03-14 02:09 PM
My parents came on Jan 10th on Luft from Bangalore and they did not need a transit visa. I hear that the only time you may need a transit visa is when you are traveling to India on an expired US Visa. Even over this there is confusion.
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ravi.shah
02-07 10:44 AM
Thanks for the update !
I am watching this... looks pretty interesting :)
I am watching this... looks pretty interesting :)
more...
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dealsnet
09-08 10:23 AM
Call and post your experience.
Free is always good.
Free is always good.
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helph1b
08-28 07:03 AM
Hi Vani,
Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009. But there is really no clue if the packet sent was really mine. So we are hopeless.
Are you still in contact with your employer about the H1 application case?
Let me know if you get any updates.
Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009. But there is really no clue if the packet sent was really mine. So we are hopeless.
Are you still in contact with your employer about the H1 application case?
Let me know if you get any updates.
more...
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sandeep77
07-26 04:09 PM
hey kalindi, just one question, i am not well versed in the GC procedures, so this might be really out of sync, but arent the priority dates of EB2 India August 2004, how could you apply for i485 when ur PD was July 2005??
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amitkhare77
08-10 12:06 PM
I am EB3 Dec 2006. I have changed JOB on EAD, I did file AC21 through my new employer. my new employer has already started the EB2 processing.
I would recommend you the following -
make sure you have all the information i.e. previous Job Description which was used for labor filing or the job code on your labor certification.
You have a copy of I-140 approval
your current salary offer is good to qualify EB2 prevailing wages (does not matter a lot but good to consider)
you get an experience certificate describing technologies, skills you will use for future labor filing advertisement.
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
I would recommend you the following -
make sure you have all the information i.e. previous Job Description which was used for labor filing or the job code on your labor certification.
You have a copy of I-140 approval
your current salary offer is good to qualify EB2 prevailing wages (does not matter a lot but good to consider)
you get an experience certificate describing technologies, skills you will use for future labor filing advertisement.
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
more...
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tejonidhi
11-27 01:24 PM
Rajen,
Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
Consulting company lawyer says they filed it prior to July 15.
Thank you
Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
Consulting company lawyer says they filed it prior to July 15.
Thank you
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Munna Bhai
02-08 11:59 AM
You want to keep your 140 intact for 2 reasons:
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
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monicasgupta
12-31 11:02 AM
thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009
gc2
09-22 05:55 PM
Job A
OES/SOC Code: 15-1099
OES/SOC Title: Computer Specialists, All Other
OES/SOC Code: 15-1099
OES/SOC Title: Computer Specialists, All Other
meher
12-26 12:19 AM
Thank You all for your support by answering my queries. Will keep you posting the progress. Hope things will work out fine.
Sure, would contribute to IV, you are doing great service.
Sure, would contribute to IV, you are doing great service.
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