I_need_GC
07-24 01:16 PM
But I have heard of instances where employers have used previously approved labor on new employees other than the person it was approved for?
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
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sxv7392
12-19 11:42 AM
We are about 4 people in Austin we need some direction so that we can be of some help.
m1801b
09-11 12:33 AM
Thanks for all the suggestions. Today, I discussed my option (H-1b extension and PERM) with a local lawyer. He mentioned that:
1. I can't recapture the time spent outside USA in the last 6 years for the new H-1 extension since I am currently in my 8th year of H-1 extension. I could have recaptured the time only if it was for 7th year extension.
2. If my employer transitions me to the new outsourcing company (my employer is transitioning all IT to this outsourcing company) instead of laying me off, my LC and I-140 won't remain the same since it is not a situation of acquisition or merger where the new company gets all liabilities from the old company. It will depend on the new outsourcing company whether to file a new petition for me or not.
3. If I am laid off with a severance pay (I know for sure that I would get 6 weeks of severance if I am laid off), I can show this amount as my usual salary for the next 1 and half months. This will give me ample grace period for doing the new H-1 and PERM with any new employer.
4. Even though my current H1 extension is valid for another 9 months only, the new H-1b petition with a new employer will get me 1 whole year of H-1b extension.
I felt that the the local lawyer (he is not 100% into immigration) was not 100% sure about the above things.
I am planning to talk to some other attorney (who is only into immigration) this weekend but I would appreciate any suggestions of you friendly and helpful folks over here in IV.
Some folks have suggested me to get a consulting from someone from Sheela Murthy.
Thanks you so much.
1. I can't recapture the time spent outside USA in the last 6 years for the new H-1 extension since I am currently in my 8th year of H-1 extension. I could have recaptured the time only if it was for 7th year extension.
2. If my employer transitions me to the new outsourcing company (my employer is transitioning all IT to this outsourcing company) instead of laying me off, my LC and I-140 won't remain the same since it is not a situation of acquisition or merger where the new company gets all liabilities from the old company. It will depend on the new outsourcing company whether to file a new petition for me or not.
3. If I am laid off with a severance pay (I know for sure that I would get 6 weeks of severance if I am laid off), I can show this amount as my usual salary for the next 1 and half months. This will give me ample grace period for doing the new H-1 and PERM with any new employer.
4. Even though my current H1 extension is valid for another 9 months only, the new H-1b petition with a new employer will get me 1 whole year of H-1b extension.
I felt that the the local lawyer (he is not 100% into immigration) was not 100% sure about the above things.
I am planning to talk to some other attorney (who is only into immigration) this weekend but I would appreciate any suggestions of you friendly and helpful folks over here in IV.
Some folks have suggested me to get a consulting from someone from Sheela Murthy.
Thanks you so much.
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sachug22
07-16 01:51 PM
Hi,
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
Check the timeframe on RFE, some have 90 days (3 months), so you should have enough time to respond. It is advisable to visit the same doctor (since he/she has record of your original test).
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
Check the timeframe on RFE, some have 90 days (3 months), so you should have enough time to respond. It is advisable to visit the same doctor (since he/she has record of your original test).
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validIV
04-27 02:29 PM
You might be denied based on the 365 days rule. When was your labor filed?
painful_GC
03-09 09:12 PM
Anyone ?? Pleaseeeeeeee
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eastindia
05-14 02:57 PM
Any idea what Tech firms are doing to help CIR?
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newuser
05-14 04:40 PM
Thanks for the update and we are still here to support the efforts of IV.
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Dhundhun
10-16 01:49 PM
One of my friends got B1 Visa(business visa, it’s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.
He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.
My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
He is planning to come to U.S in February 2009 on B1.
Could any one please help us with your valuable suggestions for the following questions?
Is it possible to come to U.S on B1 even after resigning the job?
Is there any possibility that the company revoke his B1?
What are the documents required to come to U.S on B1?
Thanks in Advance
#1. This way company wants to save liability. If H1-B Visa is stamped in India and he comes to US on H-1B, then in case of layoff, it is company's responsibility to pay return ticket to family.
#2. The company wants to try your friend.
#3. If your friend comes on B1 Visa, legally it is difficult to pay for ticket (cann't invite individual easily) and legally it is difficult to pay any salary or compensation.
#4. AFAIK, now-a-days B1 to H-1b change of status does not work for companies (I think this is still ok for universities and non-profitable organizations). If I am wrong, someone may correct this input.
#5. B1 is issued to individual for Business Trips (this type of visits are now not considered a B1 trip because of misuse in past and now campanies were forced to make employees apply for H-1B, even if they work in US for few months in a year - the B1 was heavily miused by body shoppers). The B1 does not get revoked, because you changed company, and so he can use the same B1, when other company wants to send him for business visits. B1 will be seemed to be cancelled once an assignment is taken on H-1B (Physical Cancillation can be done at the time of H-1B renewal)
Who paid for H-1B?
He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.
My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
He is planning to come to U.S in February 2009 on B1.
Could any one please help us with your valuable suggestions for the following questions?
Is it possible to come to U.S on B1 even after resigning the job?
Is there any possibility that the company revoke his B1?
What are the documents required to come to U.S on B1?
Thanks in Advance
#1. This way company wants to save liability. If H1-B Visa is stamped in India and he comes to US on H-1B, then in case of layoff, it is company's responsibility to pay return ticket to family.
#2. The company wants to try your friend.
#3. If your friend comes on B1 Visa, legally it is difficult to pay for ticket (cann't invite individual easily) and legally it is difficult to pay any salary or compensation.
#4. AFAIK, now-a-days B1 to H-1b change of status does not work for companies (I think this is still ok for universities and non-profitable organizations). If I am wrong, someone may correct this input.
#5. B1 is issued to individual for Business Trips (this type of visits are now not considered a B1 trip because of misuse in past and now campanies were forced to make employees apply for H-1B, even if they work in US for few months in a year - the B1 was heavily miused by body shoppers). The B1 does not get revoked, because you changed company, and so he can use the same B1, when other company wants to send him for business visits. B1 will be seemed to be cancelled once an assignment is taken on H-1B (Physical Cancillation can be done at the time of H-1B renewal)
Who paid for H-1B?
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raysaikat
09-02 08:43 AM
You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
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gmail
07-21 08:40 PM
Hi,
I applied I-140/485 last July. In November, 2007 I left the previous employer, i.e. before 180 days. In April, 2008, my I-140 is approved, i.e. after 180 days. I have worked for them for 4.5 years.
Now my lawyer told me that legally my I-140 deems invalid because I left before 180 days. I and my ex-employer has to prove that I had the good intent to work for them and my ex-employer had the good intent to hire me after GC is approved. I will have the burden of proof. Since my ex-employer is not willing to cooperate, my GC can be denied or revoked.
What's your opinion on this?
Thanks!
I applied I-140/485 last July. In November, 2007 I left the previous employer, i.e. before 180 days. In April, 2008, my I-140 is approved, i.e. after 180 days. I have worked for them for 4.5 years.
Now my lawyer told me that legally my I-140 deems invalid because I left before 180 days. I and my ex-employer has to prove that I had the good intent to work for them and my ex-employer had the good intent to hire me after GC is approved. I will have the burden of proof. Since my ex-employer is not willing to cooperate, my GC can be denied or revoked.
What's your opinion on this?
Thanks!
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saratswain
09-15 03:53 AM
My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
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shaq
05-14 02:43 PM
I did my three years diploma (polytechnic) and three years engineering degree (B.E.) after that and I had @ eight years of experience while I had applied for GC through EB2 category. I had no problem in getting my I-140 approval; so far I have not received single rfe.
I had same situation as vactorboy but I had US masters. I had no problem with labor or I-140. My I-140 was approved in a month.
I had same situation as vactorboy but I had US masters. I had no problem with labor or I-140. My I-140 was approved in a month.
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jvordar
04-07 03:08 PM
ok one question i have here is lets say if you have crossed your 6 years H1B limit and now the current employer does not give u copies of I140 and labor, in this case the new company wont be able to file for your H1 renewal coz the renewal is based on labor and I-140.. in this case there is no choice and u r forced to use your EAD... is that right??
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gcformeornot
08-29 12:36 PM
I saw many 2nd July Polls but doesn't have full proof information.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
not full proof.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
not full proof.
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monkeyman
08-29 02:05 PM
I checked my bank account today. The checks got encashed.
USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.
Nothing so far - lawyer says not one check is encashed so far -
USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.
Nothing so far - lawyer says not one check is encashed so far -
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mallickarjunreddy
05-18 06:34 PM
3 deportations at POE (EWR) till date this yr .
only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky
P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent
thanks
only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky
P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent
thanks
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jliechty
August 14th, 2006, 11:40 AM
I'm sorry to react so strongly, also... It's important to remember that being there with the right light at the right time is what matters. Even if you've just got a drebel with the 18-55 or a d?0 with the 18-70, using the lenses at their strong points will make nice 11x14's or maybe even 16x20's depending on your taste for putting nose grease on your prints. ;)
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vempati
09-13 08:53 AM
Cngrats vempati:)..is your 140 approved from NSC or TSC?
and at what time is your application signed by R. Mickels ?
Received @ 9.01 AM, Mine approval from TSC..
and at what time is your application signed by R. Mickels ?
Received @ 9.01 AM, Mine approval from TSC..
smuggymba
04-11 12:43 PM
I was looking for getting VISA for my Niece and Nephew, who are below 14yrs. But I didnt find an option for them not going to consulate.
it take more effort n paperwork to get the visa without going to consulate even for the kids below 14, better option is to go to consulate.
My 4 yr old niece went in person for the visa along with an adult of course.
it take more effort n paperwork to get the visa without going to consulate even for the kids below 14, better option is to go to consulate.
My 4 yr old niece went in person for the visa along with an adult of course.
perm2gc
01-08 03:28 PM
Hello,
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
The chances to get visa is 1% as they know why they come here even though you say that they come here for visiting.The documentation is same as for B2 visa.
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
The chances to get visa is 1% as they know why they come here even though you say that they come here for visiting.The documentation is same as for B2 visa.
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