GlobalCitizen
07-26 09:05 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
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pappu
07-21 10:16 AM
You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.
Yes. Just having a Ph.D does not ensure a greencard. Employer based EB greencards are straightforward in process since employer only has to prove that no american citizen is available to do the job and the employer is willing to pay the salary as per market rates. This is established via labor certification process. The other routes of bypassing this are by showing that one is so expectional that US Government should allow them to stay permanently in this country. The various routes for this are if you can show if you have several publications, articles, patents awards at international level. Extraordinary ability people in Sciences, sports and arts can apply for it. The other avenue is the investor category. if you invest money and give employment to US citizens. You should go through USCIS website to get more details on various GC routes.
Yes. Just having a Ph.D does not ensure a greencard. Employer based EB greencards are straightforward in process since employer only has to prove that no american citizen is available to do the job and the employer is willing to pay the salary as per market rates. This is established via labor certification process. The other routes of bypassing this are by showing that one is so expectional that US Government should allow them to stay permanently in this country. The various routes for this are if you can show if you have several publications, articles, patents awards at international level. Extraordinary ability people in Sciences, sports and arts can apply for it. The other avenue is the investor category. if you invest money and give employment to US citizens. You should go through USCIS website to get more details on various GC routes.
gcdreamer05
11-03 10:15 AM
I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
--Parag
Hi, never heard of the lifetime cap of 12 years of h1b, can you please provide any link or any info about this ?
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
--Parag
Hi, never heard of the lifetime cap of 12 years of h1b, can you please provide any link or any info about this ?
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Joey Foley
May 17th, 2005, 06:55 AM
There are several spots in the Indy area where you can get such a perspective. One with easy access is high atop Crown Hill cemetary (i.e., the James Whitcomb Riley hilltop gravesite). Sunrise or sunset would be your best bet unless you hit on a really crystal-clear day with no midday haze. You might find something close to what you are after around 16th and Georgetown road, too ;)
Awesome idea!
Anymore idea anyone while I'm out and about on my day off?;)
Awesome idea!
Anymore idea anyone while I'm out and about on my day off?;)
more...
Mount Soche
12-18 01:31 PM
Yes, yes, yes you can invest in stocks etc.
You don't need need anything from the INS.
I invest with Scottrade too, as do many of us on this forum.
Hello i am new to this forum, i am looking for some answers involving stock trading? My question is: Can i invest in stocks, mutual fund, etc. while having only a EAD(work Permit)? Do i need get permission from IRS? What do i need to do invest legally? I was thinking of investing with Scottrader.
Thanks in advance for all the replies.
You don't need need anything from the INS.
I invest with Scottrade too, as do many of us on this forum.
Hello i am new to this forum, i am looking for some answers involving stock trading? My question is: Can i invest in stocks, mutual fund, etc. while having only a EAD(work Permit)? Do i need get permission from IRS? What do i need to do invest legally? I was thinking of investing with Scottrader.
Thanks in advance for all the replies.
solaris27
03-13 09:59 AM
Congratulations
more...
pal351
11-21 04:49 PM
Hi Friends,
You may answered this so many times but I missed.. Please some tell me, How much is the Fee for AP Renewal? and Required Docs for the Papaer Filing.
I filed my I 485 on July 24th 2007
Thanks,
-Pal.
You may answered this so many times but I missed.. Please some tell me, How much is the Fee for AP Renewal? and Required Docs for the Papaer Filing.
I filed my I 485 on July 24th 2007
Thanks,
-Pal.
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indyanguy
12-18 08:15 PM
Gurus,
Which is more reliable / popular, scottrade.com OR scottradeR.com ?
scottrade.com
Which is more reliable / popular, scottrade.com OR scottradeR.com ?
scottrade.com
more...
raj2007
02-20 08:43 PM
Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
Your status is fine once you files I-485, but travelling can be risky.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
Your status is fine once you files I-485, but travelling can be risky.
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pappu
11-14 02:40 PM
Lawyer told me that I cannot contest. They screwed it up some thing
there is always some way...
pls quote the exact sentences of your rejection letter here. we need to know a reason for your rejection.
ask your lawyer or find out exactly what they screwed up.
also let us know
- is your lawyer a company lawyer or your lawyer
- what is the status of your company--- big/small/ many h1b/ what about others in your company on LC applications..etc
- did the comapny do ads? do you have the material or copy of everything that was sent?
- is your company making profits. how many employees?
- eb2 or eb3
- has anyone been rejected before in your company?
- how much time do you have on h1b
there is always some way...
pls quote the exact sentences of your rejection letter here. we need to know a reason for your rejection.
ask your lawyer or find out exactly what they screwed up.
also let us know
- is your lawyer a company lawyer or your lawyer
- what is the status of your company--- big/small/ many h1b/ what about others in your company on LC applications..etc
- did the comapny do ads? do you have the material or copy of everything that was sent?
- is your company making profits. how many employees?
- eb2 or eb3
- has anyone been rejected before in your company?
- how much time do you have on h1b
more...
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.
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namm80
01-10 08:47 PM
This rep is pretty much saying what i said in my previous posting. But don't rely too much on what any rep says....call again and u will get a different unrelated reasoning that will confuse the hell out of u....:)
It's a sad state of affairs.
My husband's case was transferred from CSC to TSC. We haven't received the FP notice yet. USCIS status "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office". when we called customer service cust service rep informed that we need to wait 180 days after the transfer for FP
It's a sad state of affairs.
My husband's case was transferred from CSC to TSC. We haven't received the FP notice yet. USCIS status "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office". when we called customer service cust service rep informed that we need to wait 180 days after the transfer for FP
more...
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pappu
07-01 08:21 PM
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
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gc28262
03-26 09:28 PM
I never heard this? Any references to confirm this?
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
more...
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ds37
07-16 10:21 AM
Hi
My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
Does her AP has to be applied before end of this I94.
Thanks
DS
My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
Does her AP has to be applied before end of this I94.
Thanks
DS
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okuzmin
07-13 11:26 AM
If you invest more than 1 million(like bechams hollywood hills home) in US you are eligible to apply for a greencard
You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)
You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)
more...
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Munna Bhai
02-08 11:32 AM
Hello,
My thread had wrong title and that created more problem, hope this title makes sense and please feel free to share your experience.
I know the following, I worked very hard for the current company and they pay me the way they pay any immigrant. Atlast got my I-140 approved and now I would like to go ahead with available options and at any cost I will protect I-140 from being revoked.
If I-140 is not revoked:
a)One can extend H1b through any company for 3-years.
b)One can get PD ported.
If I-140 is revoked:
a)It is a grey area but commen-sense says that one is out-of-status.
How to protect I-140 being revoked:
a)Transfer the case to your own attorney?? See that employer or employer's attorney has not much say on your case file??
b)Give some valid reason to current employer until your I-140 from other company is approved.
Or any other thoughts???
My thread had wrong title and that created more problem, hope this title makes sense and please feel free to share your experience.
I know the following, I worked very hard for the current company and they pay me the way they pay any immigrant. Atlast got my I-140 approved and now I would like to go ahead with available options and at any cost I will protect I-140 from being revoked.
If I-140 is not revoked:
a)One can extend H1b through any company for 3-years.
b)One can get PD ported.
If I-140 is revoked:
a)It is a grey area but commen-sense says that one is out-of-status.
How to protect I-140 being revoked:
a)Transfer the case to your own attorney?? See that employer or employer's attorney has not much say on your case file??
b)Give some valid reason to current employer until your I-140 from other company is approved.
Or any other thoughts???
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krishmunn
09-21 07:11 AM
First thing you need to do is setup a 30 min - 1 hour appointment with an experienced Attorney (Khanna/ Murthy/ Ron) You can have a telephonic discussion. Do not think about money and go for the best.
During discussion bring up the topic of new employment (C) as well .
If you have the format from your current company attorney , show it to them .
It might be simpler then you are thinking.
During discussion bring up the topic of new employment (C) as well .
If you have the format from your current company attorney , show it to them .
It might be simpler then you are thinking.
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GCard_Dream
07-09 02:07 AM
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
reddog
07-08 01:25 PM
Though it is not of my concern - I see that you want to file a divorce with your current spouse and then remarry another person - while I don't know your personal specific situation - I would suggest that you must try and work it out with your current spouse
I see a lot of divorce cases these days among the immigrant community and when we look into it further - many cases divorces could have been avoided if spouses were more accomodating.
Once again - I have written this with a good intent. Please do niot shoot me down. Admins can delete my post if needed.
wb, agony aunt
and stop watching those Karan Johar movies.
I see a lot of divorce cases these days among the immigrant community and when we look into it further - many cases divorces could have been avoided if spouses were more accomodating.
Once again - I have written this with a good intent. Please do niot shoot me down. Admins can delete my post if needed.
wb, agony aunt
and stop watching those Karan Johar movies.
designserve
03-02 06:20 PM
I have heard atleast 12-13 companies in this area have ICE audits...that may happen to any company in the near term.Let us safely assume to caution new consultants to skip this year's H1B
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