nogc_noproblem
02-14 02:58 PM
Thanks Lazycis.
From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
Any others suggestions from other members...
From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
Any others suggestions from other members...
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USDream2Dust
04-16 03:21 PM
I was thinking on same lines. Who cares for h1 if 485 is denied. As days pass everything becomes so difficult. H1 used to be breeze 2 years back and now a lottery. GC is already retrogressed. Who knows when you start all over your GC again after 485 rejected what will happen.
I would add another point at 5th line.
You have 2 choices.
First what kumar1 said.
second stay in US illegal like millions of other people and get GC even faster.
USDream2dust
1. Sell all my stuff.
2. Transfer all my liquid money to home country.
2. Rent a one way van in New York.
3. Drive cross country with family and have fun. Meet all my friends on the way.
4. Return the van in San Francisco, take one way ticket to India.
5. Start a fresh life in India, free of immigration woes.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I would add another point at 5th line.
You have 2 choices.
First what kumar1 said.
second stay in US illegal like millions of other people and get GC even faster.
USDream2dust
1. Sell all my stuff.
2. Transfer all my liquid money to home country.
2. Rent a one way van in New York.
3. Drive cross country with family and have fun. Meet all my friends on the way.
4. Return the van in San Francisco, take one way ticket to India.
5. Start a fresh life in India, free of immigration woes.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
gc_on_demand
05-19 10:06 AM
Hello Members,
I am starting this thread to get idea on how many new members on this forum who didnot file for I 485 during July 2007. Numbers can give us some idea on future campaign etc.. Please submit your answer and keep this poll on top of all threads for few months.
I am starting this thread to get idea on how many new members on this forum who didnot file for I 485 during July 2007. Numbers can give us some idea on future campaign etc.. Please submit your answer and keep this poll on top of all threads for few months.
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dhirajs98
07-12 01:24 PM
Hello Friends,
I applied for my permenant residency on Feb, 2002 under EB3 category. My PD is 02-DD-2002. As of today my LC and I-140 has been certified. I am from India.
Recently i got a new job offer from another company and the new employer is willing to sponsor my green card under PERM - EB2 category. I understand that its very easy to get the LC and I-140 certification within months under PERM premium processing. In this case my new priority date will be the date i apply my new LC.
If i get my PERM LC and I-140 under EB2 category with new employer, at the time of filing I-485 can i use my old priority date (Feb, 02) instead of PERM LC priority date?
My question is
With new PERM LC and I-140, can i apply for I-485 with my old priority date from the first LC? Please kindly provide your suggestion
The current labor belongs you b/c I-140 has been approved. Secure your current approved LC and I-140 documents and then move on to the new employer's pay roll.
All the best ...
I applied for my permenant residency on Feb, 2002 under EB3 category. My PD is 02-DD-2002. As of today my LC and I-140 has been certified. I am from India.
Recently i got a new job offer from another company and the new employer is willing to sponsor my green card under PERM - EB2 category. I understand that its very easy to get the LC and I-140 certification within months under PERM premium processing. In this case my new priority date will be the date i apply my new LC.
If i get my PERM LC and I-140 under EB2 category with new employer, at the time of filing I-485 can i use my old priority date (Feb, 02) instead of PERM LC priority date?
My question is
With new PERM LC and I-140, can i apply for I-485 with my old priority date from the first LC? Please kindly provide your suggestion
The current labor belongs you b/c I-140 has been approved. Secure your current approved LC and I-140 documents and then move on to the new employer's pay roll.
All the best ...
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gc_perm2k6
12-01 07:38 PM
Mine is pending in CSC since April 2008. My husband's extension was applied in July, and it came through in September. But mine is delayed like crazy. Processing date last month was June 16 or something. We have filed SR on Oct 28, but there hasnt been any updates until now.
Bottom line, USCIS=random!
Bottom line, USCIS=random!
gauravsh
05-04 10:11 AM
Thanks, Moderator please delete this thread. I have opened a similar thread in lawyers forum.
Thanks for help
Thanks for help
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aranya
03-09 03:07 PM
Hi,
Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)
This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).
Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,
they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.
1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?
2. Should i ask for a job offer later stating a new hire date of Oct 1st?
3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.
Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.
Will appreciate any feedback on my 3 questions/concerns above - than ks.
I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.
1] Most jobs are at-will meaning there is no real way to "protect your job".
2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.
3] They must have talked to their immigration attorney who set them straight about LOA etc.
As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.
As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".
Good luck.
Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)
This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).
Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,
they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.
1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?
2. Should i ask for a job offer later stating a new hire date of Oct 1st?
3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.
Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.
Will appreciate any feedback on my 3 questions/concerns above - than ks.
I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.
1] Most jobs are at-will meaning there is no real way to "protect your job".
2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.
3] They must have talked to their immigration attorney who set them straight about LOA etc.
As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.
As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".
Good luck.
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RandyK
02-16 11:46 AM
Am I understanding this right ?
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
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bkarnik
10-24 03:38 PM
Yahoo has a program to basically field questions to various congressmen and senators (most of them are prominent).
On Oct 26th, Rep. Tom Davis is going to answer questions.
I have comment #170 at:
http://news.yahoo.com/b/judy_woodruff/j_woodruff11183?rf=166#comments
In the future, there will be more law makers.
Good work janilsal. A correction though, your question number is 169. I read 170 and was initially horrified at the hate in that question. Thankfully, I looked at the author information and was thankful that it was not an IV member who posted #170. Just a small correction. You may want to go and edit your original post accordingly.
Also, let us know if you get a reply.
On Oct 26th, Rep. Tom Davis is going to answer questions.
I have comment #170 at:
http://news.yahoo.com/b/judy_woodruff/j_woodruff11183?rf=166#comments
In the future, there will be more law makers.
Good work janilsal. A correction though, your question number is 169. I read 170 and was initially horrified at the hate in that question. Thankfully, I looked at the author information and was thankful that it was not an IV member who posted #170. Just a small correction. You may want to go and edit your original post accordingly.
Also, let us know if you get a reply.
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sunny1000
12-15 12:37 AM
Dear All
I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.
Here is the summary of my case -
1) Came to US in 2004 on F1 visa.
2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.
3) Was laid off on 16th Novmeber 2007.
4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.
5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.
6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)
7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.
8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).
Now 2010 is coming and my visa will expire in September 2010.
I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).
I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.
I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.
Will i face problem during visa interview?
I am thankful to your comments and suggestions.
Thanks
Even though the consular officer will not ask for the paystubs from that far back (since it is only required for the current year), he may review your tax returns from previous years(since I think it is still a requirement to bring all the tax returns for all the years you have resided in the U.S for a visa interview) and may find that your income on that year's tax return was low and ask you what happened. I am not saying he/she will for sure but, am asking you to be prepared to answer that question. Also, please be honest with your answer as they do sense a lie a mile away.
Also, on a side note, if you have applied for Greeen Card, Please complete your profile to the best you can.
I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.
Here is the summary of my case -
1) Came to US in 2004 on F1 visa.
2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.
3) Was laid off on 16th Novmeber 2007.
4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.
5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.
6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)
7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.
8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).
Now 2010 is coming and my visa will expire in September 2010.
I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).
I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.
I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.
Will i face problem during visa interview?
I am thankful to your comments and suggestions.
Thanks
Even though the consular officer will not ask for the paystubs from that far back (since it is only required for the current year), he may review your tax returns from previous years(since I think it is still a requirement to bring all the tax returns for all the years you have resided in the U.S for a visa interview) and may find that your income on that year's tax return was low and ask you what happened. I am not saying he/she will for sure but, am asking you to be prepared to answer that question. Also, please be honest with your answer as they do sense a lie a mile away.
Also, on a side note, if you have applied for Greeen Card, Please complete your profile to the best you can.
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kumhyd2
07-26 01:08 AM
Another classic case of utter negligence by the attorneys.
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jungalee43
02-10 04:04 PM
God,
I would like to face such a problem !
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
I would like to face such a problem !
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
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jungalee43
08-26 02:36 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
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dandy
07-16 11:24 PM
To the best of my knowledge you can not file for AOS while you are on TN . To process your green card you have to switch to your H1B from TN and start your green card as any other national i.e file for your Labor certification, I-140 and then i-485 .This process is same like any other national. All the best.
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hourglass
02-15 10:01 PM
Hi,
I am working on 8th year H1 visa (with approval notice) valid thru september 2009
Theres a expired visa stamped on my passport, which was march 2005. Do you think for my scenerio it is safe to visit Canada for stamping? And what documents did they ask you in your case, appreciate your help.
I went to Ottawa, Canada in January for visa stamping. I got Visa done.
On that day, I had seen most of the people attended for stamping are indians. Everyone was given visa.
Stamping is pretty easy at Ottawa. They dont ask you much questions. If one has all the required documents for visa stamping, its very easy to get stamping at ottawa.
Good Luck for your stamping.
I am working on 8th year H1 visa (with approval notice) valid thru september 2009
Theres a expired visa stamped on my passport, which was march 2005. Do you think for my scenerio it is safe to visit Canada for stamping? And what documents did they ask you in your case, appreciate your help.
I went to Ottawa, Canada in January for visa stamping. I got Visa done.
On that day, I had seen most of the people attended for stamping are indians. Everyone was given visa.
Stamping is pretty easy at Ottawa. They dont ask you much questions. If one has all the required documents for visa stamping, its very easy to get stamping at ottawa.
Good Luck for your stamping.
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sanax
11-30 09:33 PM
I cannot resist to say that how glad America is to have an idiot like u as a permanent resident whereas people with clean records are left in the lurch...
Way to go USA... :mad:
as you said Stupidity has no boundaries! :mad:
Thanks for your opinion! I have been already enrolled in the USA military... just waiting for the CG!... maybe more than what you can say!???
At least I'm prepared to defend my new country!... or is it only 'idiots' who are defending their country?
Way to go USA... :mad:
as you said Stupidity has no boundaries! :mad:
Thanks for your opinion! I have been already enrolled in the USA military... just waiting for the CG!... maybe more than what you can say!???
At least I'm prepared to defend my new country!... or is it only 'idiots' who are defending their country?
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logiclife
06-20 01:58 PM
UPON MORE INFO, I HAVE FOUND OUT THAT YOU NEED EMPLOYER'S LETTER AS INITIAL EVIDENCE, SORRY FOR THE MISUNDERSTANDING.
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vallabhu
08-08 09:41 AM
Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
can you guys tell usually what kind of information is requested in EB3 cases.
can you guys tell usually what kind of information is requested in EB3 cases.
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leoindiano
03-23 02:56 PM
lady cop was driving the other vehicle while DUI...Another lesson out of this incident, Never ever get behind the wheel, if you have more than couple of drinks....
kaisersose
03-13 04:58 PM
This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
newbie2020
06-12 07:11 AM
Now as mentioned by multiple people some things are not clear
Here is my situation:
a. H1 Expires Dec 31 2008
b. Perm applied 02/2008 and approved 04/2008
c. I-140 applied and pending since May 2008
As you can see i have a gap of over 2 months between H1 expiry and 7th yr extn.
Given the scenario above should i wait until Nov 1 to apply PPS for I-140 and then apply for H1 extn??
given the time taken for H1 extensions (regular) my employer may want to apply for H1 extension atleast 3-4 months prior to expiry.
Any thoughts...
Here is my situation:
a. H1 Expires Dec 31 2008
b. Perm applied 02/2008 and approved 04/2008
c. I-140 applied and pending since May 2008
As you can see i have a gap of over 2 months between H1 expiry and 7th yr extn.
Given the scenario above should i wait until Nov 1 to apply PPS for I-140 and then apply for H1 extn??
given the time taken for H1 extensions (regular) my employer may want to apply for H1 extension atleast 3-4 months prior to expiry.
Any thoughts...
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