chanduv23
09-17 03:27 PM
I am out - SEE YOU ALL IN DC
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crazyghoda
06-15 02:34 PM
If your husband is working for one of the infamous desi outfits where bench means no salary, then I'd suggest that you avoid travelling since you may be asked to produce a paystub on return.
OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
sparky_jones
05-07 12:23 PM
Some are of the opinion that filing AC21 draws unnecessary attention & scrutiny of your application (apparently which would not happen if you do not file AC21).
But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)
Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.
I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.
So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...
At the end of the day, it boils down to you. Who do you want to trust?
But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)
Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.
I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.
So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...
At the end of the day, it boils down to you. Who do you want to trust?
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ksurjan
10-19 08:33 AM
A friend of mine took infopass (new York) yesterday and got his AP. He had to wait for six hours though. He took a strongly worded letter from his comapny stating that he needed to travel for business reasons.
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martinvisalaw
04-19 02:43 PM
Hopefully you can address the CIS concerns about where you were working by showing that the I-140 is for a future position, and it is irrelevant (for permanent residence) where you worked in the past. However, your past locations are relevant in showing whether or not you maintained H-1B status, and can also suggest that the employer's labor cert for one specific location is incomplete, if it traditionally moves employees around. Good luck.
FinalGC
07-03 03:14 PM
after 140 is approved!! Only then can u port your PD. Otherwise you will start at the end of line again....
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smiledentist
06-21 12:37 AM
I am a dentist in state of CA,and filed for EB2 green card.In April
2006 applied for my
PERM from MD Dental, a dental group with 5 offices and about 30
employs and owned by 2
partners.Also in April 2006 they applied for my H1b visa.Further PERM and H1b
both were approved
and in may 2006 I filed for I-140 from the same company.I-140 had a
RFE but was approved
in Feb 2007.Meanwhile in Oct 2006 both partners had a misunderstanding
and they split the
company into 2 companies with one partner getting 2 offices and the
other partner getting
3 offices.Originally my perm was filed from the MD dental Van-Nuys
office, which was
given to partner A who then told me to file for a new H1b as tax ID
number for the
employer has changed but my job location would not change.I filed for
a new H1 visa from
partner A which was also approved and started to work for him till Feb
2007.In feb 2007 I
found a new job again as a dentist with a different company and moved
to that company.I
am still in good contact with both partner A and partner B of the old
company.
My question is if I could file for I485 from MD dental which is
already split with
approved I140, or I could file it from partner A or partner B`s new
company showing
either of them as succesor of interest.Also can I invoke AC21 in 6 months and move to my current employer..
Please advice.
2006 applied for my
PERM from MD Dental, a dental group with 5 offices and about 30
employs and owned by 2
partners.Also in April 2006 they applied for my H1b visa.Further PERM and H1b
both were approved
and in may 2006 I filed for I-140 from the same company.I-140 had a
RFE but was approved
in Feb 2007.Meanwhile in Oct 2006 both partners had a misunderstanding
and they split the
company into 2 companies with one partner getting 2 offices and the
other partner getting
3 offices.Originally my perm was filed from the MD dental Van-Nuys
office, which was
given to partner A who then told me to file for a new H1b as tax ID
number for the
employer has changed but my job location would not change.I filed for
a new H1 visa from
partner A which was also approved and started to work for him till Feb
2007.In feb 2007 I
found a new job again as a dentist with a different company and moved
to that company.I
am still in good contact with both partner A and partner B of the old
company.
My question is if I could file for I485 from MD dental which is
already split with
approved I140, or I could file it from partner A or partner B`s new
company showing
either of them as succesor of interest.Also can I invoke AC21 in 6 months and move to my current employer..
Please advice.
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belmontboy
04-25 07:11 PM
check the website: http://murthy.com/news/n_noh1bp.html
F-1 OPT with H1B Pending Now Wants 17-Month OPT Extension
�MurthyDotCom
Yet another variation that occurs involves F-1 students who have job offers. The prospective employer of an F-1 student normally has filed an H1B petition requesting a change of status for that F-1 student. The parties now want to take advantage of the April 2008 option announced by the USCIS to utilize the possible 17-month OPT extension provision. The employer needs to withdraw the H1B petition in order for the student to continue in F-1 status. Once the status is changed from F-1 to H1B, the individual would no longer be able to extend the OPT period, even if the H1B petition is approved for the future start date of employment. However, before withdrawing the potentially very valuable H1B petition, it is best to discuss the advantages and disadvantages with a qualified immigration attorney.
In your case you never started your H1 status. So you should be eligible for applying an OPT extension, which should give you ample time for next lottery.
I am no lawyer, you should check with a good immigration attorney about this.
F-1 OPT with H1B Pending Now Wants 17-Month OPT Extension
�MurthyDotCom
Yet another variation that occurs involves F-1 students who have job offers. The prospective employer of an F-1 student normally has filed an H1B petition requesting a change of status for that F-1 student. The parties now want to take advantage of the April 2008 option announced by the USCIS to utilize the possible 17-month OPT extension provision. The employer needs to withdraw the H1B petition in order for the student to continue in F-1 status. Once the status is changed from F-1 to H1B, the individual would no longer be able to extend the OPT period, even if the H1B petition is approved for the future start date of employment. However, before withdrawing the potentially very valuable H1B petition, it is best to discuss the advantages and disadvantages with a qualified immigration attorney.
In your case you never started your H1 status. So you should be eligible for applying an OPT extension, which should give you ample time for next lottery.
I am no lawyer, you should check with a good immigration attorney about this.
more...
dpp
08-18 04:40 PM
Speculation is always part of one's life. We want to know our future options, that's why we speculate. Some speculations are deduction from facts and some are just inference. We cannot avoid speculating. What we can do is trying to know which speculation is nearer to the truth and which ones are not.
Ok. keep speculating... enjoy with that.
Ok. keep speculating... enjoy with that.
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pratibha
04-23 09:25 PM
When My immigration came through, my family and I all flew down by air, stamped ourselves as Landed Immigrants and then came back to states.
You will have to give somebody's address at the airport and also apply for your PR card before you come back to states. Once you get your PR card then you are free to travel even by road passing the border post otherwise without the PR card you will have to apply for a visa every time you go to Canada. The PR card will be posted to the that somebody's house so that person can post it to the US. I am a landed immigrant since Feb 2005 but still live in states.
To maintain the PR status you have to be the country for 2 years.
You will have to give somebody's address at the airport and also apply for your PR card before you come back to states. Once you get your PR card then you are free to travel even by road passing the border post otherwise without the PR card you will have to apply for a visa every time you go to Canada. The PR card will be posted to the that somebody's house so that person can post it to the US. I am a landed immigrant since Feb 2005 but still live in states.
To maintain the PR status you have to be the country for 2 years.
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akred
07-05 01:29 PM
Ask them what the exact restriction is. It could be something as simple as needing a copy of your driver's license.
This is probably somebody at the plan administrator who doesn't have the foggiest idea about US immigration law.
This is probably somebody at the plan administrator who doesn't have the foggiest idea about US immigration law.
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naidu
12-09 10:21 AM
We did send lot of requests (letters) to Senate/House reps to include recapture and legal kids into dream act. But of no use. I think its simply waste of doing such campaigns.
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nixstor
04-18 12:32 PM
<Snip from his speech>
�When I mention this to people, they sometimes go hysterical,� Becker told a packed house during the inaugural Becker Brown Bag Series lunch discussion hosted by The Becker Center on Chicago Price Theory at Hyde Park Center on March 1 and sponsored by Vishal Verma.
</snip>
With all due respect, applying a bit of economics to politics/immigration might work out but folks in politics are not gonna let any one wipe away immigration/politics with economics.
�When I mention this to people, they sometimes go hysterical,� Becker told a packed house during the inaugural Becker Brown Bag Series lunch discussion hosted by The Becker Center on Chicago Price Theory at Hyde Park Center on March 1 and sponsored by Vishal Verma.
</snip>
With all due respect, applying a bit of economics to politics/immigration might work out but folks in politics are not gonna let any one wipe away immigration/politics with economics.
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gg_ny
09-18 06:33 PM
If you are referring to my earlier mail about NIH, it is not a university but an umbrella term for 12 + National Institutes of Health. The institutions are completely funded by and part of the federal government. If there are immigrant investigators working there as staff members, they should at least have GC already. But, postdocs and other 'glorified' staff positions require either J1, H1, EAD from NIH or employed in such visas by contracting staffing companies.
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
more...
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rsirpal
03-25 11:16 AM
Ported EB3 to EB2 India Green Card Approved on wife's birthday :D
EB3 India GC PD 03/27/2003 :o
Labour approved : 08/01/2003 :)
I140 & I485 applied concurrently on 08/16/2003 in NSC :)
I140 denied due to education on 05/20/2004 :mad:
Applied MTR and I140 approved on 07/24/2004 :)
No count od EAD's & AP's applied :confused:
Switched job using EAD on 02/15/2005 :cool:
Remained on EAD status since than :eek:
Applied EB2 Labour on 08/15/2010 (started Porting process to EB2) in TSC :p
Labour approved on 12/12/2010 :o
Applied Premium I-140 01/15/2011 (Paid extra $1200 for that) in TSC :)
Eb2 I-140 approved on 02/08/2011 :o
Notification for approved I-140 sent on 03/06/2011 ;)
Lawyer notified NSC of pending I-485 on 03/08/2011 :rolleyes:
Recieved approval email on 03/24/2011 :D
I strongly recomend all EB3 folks who are retrogressed for more than a year to port over to EB2 if possible. Do not waste your time trying to pass some bill in favour of legal immigration etc. It will not happen. The money spent on porting is worth it . The wait is not worth the stress, tension etc.
EB3 India GC PD 03/27/2003 :o
Labour approved : 08/01/2003 :)
I140 & I485 applied concurrently on 08/16/2003 in NSC :)
I140 denied due to education on 05/20/2004 :mad:
Applied MTR and I140 approved on 07/24/2004 :)
No count od EAD's & AP's applied :confused:
Switched job using EAD on 02/15/2005 :cool:
Remained on EAD status since than :eek:
Applied EB2 Labour on 08/15/2010 (started Porting process to EB2) in TSC :p
Labour approved on 12/12/2010 :o
Applied Premium I-140 01/15/2011 (Paid extra $1200 for that) in TSC :)
Eb2 I-140 approved on 02/08/2011 :o
Notification for approved I-140 sent on 03/06/2011 ;)
Lawyer notified NSC of pending I-485 on 03/08/2011 :rolleyes:
Recieved approval email on 03/24/2011 :D
I strongly recomend all EB3 folks who are retrogressed for more than a year to port over to EB2 if possible. Do not waste your time trying to pass some bill in favour of legal immigration etc. It will not happen. The money spent on porting is worth it . The wait is not worth the stress, tension etc.
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seahawks
06-02 08:43 AM
My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
A passport must me valid at least 6 months is my understanding when I got my H1 renewed.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
A passport must me valid at least 6 months is my understanding when I got my H1 renewed.
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sayantan76
07-30 06:25 PM
I got the following email alert today from USCIS:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On July 28, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
Does it mean my GC is approved or is there any other step - what is this ADIT processing?
Anyways - for statistics purposes....my I140+485 was filed concurrently in Dec'2006. 140 was approved last week. FP was scheduled for Jan 2'2006 - I could not make it on that date - got FP done in mid Feb'06. EAD and AP came in Feb'06.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On July 28, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
Does it mean my GC is approved or is there any other step - what is this ADIT processing?
Anyways - for statistics purposes....my I140+485 was filed concurrently in Dec'2006. 140 was approved last week. FP was scheduled for Jan 2'2006 - I could not make it on that date - got FP done in mid Feb'06. EAD and AP came in Feb'06.
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EB3_SEP04
06-30 01:04 AM
Quetion 11 on the EAD form 765 asks:
Have you ever before applied for EAD from USCIS: Yes
"Which USCIS Office?" : ??????????????
how can i find out which USCIS office my prev (first) EAD application was sent to? I'm a July filer, when i applied for 485 and EAD i lived in NJ and my employer was in NJ as well. The receipt notice of EAD application came from California Service Center. and there is nothing on the EAD card about which office it was approved by. The 485/EAD/AP all was filed by my employer's attorney, they will not respond to my questions anymore. i don't think i have copy of the EAD application send last year july. Anybody got older version of I-765, older than "7/30/07" edition?
What to write? folks, please respond ASAP, i plan to file on Monday(6/30) morning.
Thanks in advance!
Have you ever before applied for EAD from USCIS: Yes
"Which USCIS Office?" : ??????????????
how can i find out which USCIS office my prev (first) EAD application was sent to? I'm a July filer, when i applied for 485 and EAD i lived in NJ and my employer was in NJ as well. The receipt notice of EAD application came from California Service Center. and there is nothing on the EAD card about which office it was approved by. The 485/EAD/AP all was filed by my employer's attorney, they will not respond to my questions anymore. i don't think i have copy of the EAD application send last year july. Anybody got older version of I-765, older than "7/30/07" edition?
What to write? folks, please respond ASAP, i plan to file on Monday(6/30) morning.
Thanks in advance!
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jonty_11
02-05 11:59 AM
I have a old EB3 PD Sept 2003 with Company A , and a new EB2 and I140 approved from Company B.
Can I ask my old company to file for I140 so that I may use the Old PD.
How can I bear the expenses of the USCIS and attorney's fees, given I am not working at company A.
Any clues would help.
Can I ask my old company to file for I140 so that I may use the Old PD.
How can I bear the expenses of the USCIS and attorney's fees, given I am not working at company A.
Any clues would help.
arnet
11-07 12:53 PM
difficult to classify which company are good or bad, based on each one experience or interest they may like or may not like the company. some struck in a company due to retrogression too. if you are planning to switch company, decide based on your interest/family situation and see whether your future job can give you those. get help from your friends/jobsites like dice.com/monster.com/careerbuilder.com/hotjobs.com to see the job oppurtunities.....good luck.
Disclaimer: Use at your own risk...I'm not an immigration attroney so please consult for your situation as laws/procedures are changing.
Friends,
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
Disclaimer: Use at your own risk...I'm not an immigration attroney so please consult for your situation as laws/procedures are changing.
Friends,
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
mhathi
06-19 04:43 PM
1. if i want to change my job then do i need to transfer my H1(my spouse's H4) and also need to file AC21?? so when the PD become current at that time this new company has to file for her 485/EAD/AP... is that correct??
It is correct that you need to maintain H1 status until your wife is on H4. If PD becomes current after you change job with H1 transfer, you just file for her 485/ead/ap. The new company does not do anything. 485 does not belong to the company, it belongs to you.
2. i am thinking another option that if she transfer her status from either F1 or H1 then- can i use my EAD for new job and when the PD become current at that time i will be able to add her for 485/EAD/AP from this new company??
Really appreicate your help..
H1, yes, F1 no. F1 is not a dual intent visa. So if she accepts F1 then there will be an issue in then adjusting status to permanent residence. I am not sure about this, maybe someone with more experience/knowledge can confirm/deny.
Hope this helps.
It is correct that you need to maintain H1 status until your wife is on H4. If PD becomes current after you change job with H1 transfer, you just file for her 485/ead/ap. The new company does not do anything. 485 does not belong to the company, it belongs to you.
2. i am thinking another option that if she transfer her status from either F1 or H1 then- can i use my EAD for new job and when the PD become current at that time i will be able to add her for 485/EAD/AP from this new company??
Really appreicate your help..
H1, yes, F1 no. F1 is not a dual intent visa. So if she accepts F1 then there will be an issue in then adjusting status to permanent residence. I am not sure about this, maybe someone with more experience/knowledge can confirm/deny.
Hope this helps.
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