solraj
03-26 01:14 PM
There is no such guarantee of moving forward all the time.It all depends on how many visa #'s are currently available and how many have been utilised.If USCIS starts using #'s allocating to each app currently "CURRENT" it leads to no available no's and it will retrogress.So it all depends how many GC's are currently pending before Dec 2003 utilizing the #'s and how many of these are allocated no's.So we never know.I am not trying to be pessimistic but reasoning it.
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gc28262
04-01 10:54 PM
Regarding your H1B status, please read the following newsletter from murthy.com
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.
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rbms
03-06 05:26 PM
Two responses
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indianabacklog
10-24 06:16 PM
I would like to suggest that anyone in Indiana who can make it meet at the Starbucks coffee location in Westfield this Saturday.
This is at US31 and 146th Street north of Indianapolis.
I propose 11am.
Even if there are only half a dozen of us surely we can achieve more than as individuals.
This is at US31 and 146th Street north of Indianapolis.
I propose 11am.
Even if there are only half a dozen of us surely we can achieve more than as individuals.
more...
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amdn123
11-08 11:38 AM
Hi everyone,
I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
Thanks!!
I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
Thanks!!
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glus
04-29 10:54 AM
Hello,
I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.
NO, it will NOT affect you I-485.
I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.
NO, it will NOT affect you I-485.
more...
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p7810456
01-10 03:57 PM
munabhai
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.
which center, gcphul?
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.
which center, gcphul?
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jsb
08-15 02:14 PM
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
This is possible, if LC of your buddy was approved within months. In 2005 most categories were Current, so he/she filed I-140 and I-485 in 2005, which concluded with a GC now.
This is possible, if LC of your buddy was approved within months. In 2005 most categories were Current, so he/she filed I-140 and I-485 in 2005, which concluded with a GC now.
more...
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needhelp!
10-18 11:58 AM
is just as convenient.. you don't have to write a physical check.. I have been doing it.
And its better because then I know that nothing is getting cut off in terms of online processing fees.
Find a way out.
Another way to contribute a smaller amount is to buy IV merchandise. Buy 5 bumper stickers..
And its better because then I know that nothing is getting cut off in terms of online processing fees.
Find a way out.
Another way to contribute a smaller amount is to buy IV merchandise. Buy 5 bumper stickers..
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jnraajan
03-29 04:13 PM
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer
more...
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svr_76
06-17 03:04 PM
I had mine today. The Officer answered the following questions-
1. Assigned to Officer - Yes
2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
3. No transfered/interview scheduled.
4. Opened up a SR for me for followup.
1. Assigned to Officer - Yes
2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
3. No transfered/interview scheduled.
4. Opened up a SR for me for followup.
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gbof
04-27 09:50 AM
Thanks vhd999,
That is what I am talking about. Even after confirming with cust serv reps, the check-in counters behave differently. I will also carry a printout of the website that says 2 bags for the worldwide option.
desigirl,
There is no problem at India's end..we all know how to handle that. Also, it does matter if there are 2 bags or 1 from here. If I have 3 extra bags, then I end up paying more...rather than assuming that they will be checked in free. You pack your luggage accordingly assuming x no of bags are involved. Also, I will make sure my wife travels comfortably, that's why i am asking these questions in the first place.
I had 2-bags but I guess lot more heavier than allowed-- They put the 'excess baggage' stickers. But they did not advise or demand money at check-in (I was ready to part with extra stuff, if advised). I thought they may demand money.......at check out --but no body demanded. I guess they were quite liberal atleast in my case....may be an exception
That is what I am talking about. Even after confirming with cust serv reps, the check-in counters behave differently. I will also carry a printout of the website that says 2 bags for the worldwide option.
desigirl,
There is no problem at India's end..we all know how to handle that. Also, it does matter if there are 2 bags or 1 from here. If I have 3 extra bags, then I end up paying more...rather than assuming that they will be checked in free. You pack your luggage accordingly assuming x no of bags are involved. Also, I will make sure my wife travels comfortably, that's why i am asking these questions in the first place.
I had 2-bags but I guess lot more heavier than allowed-- They put the 'excess baggage' stickers. But they did not advise or demand money at check-in (I was ready to part with extra stuff, if advised). I thought they may demand money.......at check out --but no body demanded. I guess they were quite liberal atleast in my case....may be an exception
more...
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Ann Ruben
06-29 03:00 PM
Note that you cannot legally be required to reimburse certain immigration fees such as the $1500 or $750 ACWIA fee. Also,you cannot legally be required to reimburse USCIS filing fees and/or immigration related legal fees which, when subtracted from your salary, bring your salary below the required LCA wage.
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freddyCR
January 5th, 2005, 07:36 AM
Tthanks to all. Lecter those shoots are awsome ! I have never used this technique on portraits, although I see the intention is the same.
I must try it some day.
I just realised about the tilt. And about coloring some other parts...well although aesthetically might be a good idea, it would divert the attention from the main message of the picture, I think.
One other thing, there's a pun in the lettering on the wall; for those of you who don't speak spanish it says :
"FORBIDDEN TO THROW JUNK"
And finally, here's another example of selective coloring of which I'm quite fond. You may have seen it in the gallery...I call it "Enjoy Life". I'd appreciate your input on this, even though it's the same thread.
FREDDY
http://www.dphoto.us/forumphotos/data/511/2555enjoy-clouds1_Medium_.jpg
I must try it some day.
I just realised about the tilt. And about coloring some other parts...well although aesthetically might be a good idea, it would divert the attention from the main message of the picture, I think.
One other thing, there's a pun in the lettering on the wall; for those of you who don't speak spanish it says :
"FORBIDDEN TO THROW JUNK"
And finally, here's another example of selective coloring of which I'm quite fond. You may have seen it in the gallery...I call it "Enjoy Life". I'd appreciate your input on this, even though it's the same thread.
FREDDY
http://www.dphoto.us/forumphotos/data/511/2555enjoy-clouds1_Medium_.jpg
more...
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pal351
11-21 05:41 PM
Please share your experiences.
Thanks.
Thanks.
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raj7480
09-18 04:42 PM
I would recommend not to worry about that and make the move. Non compete in general is not easy to enforce through a court. Particularly if it stops you from earning your livelihood. If you live in CA, it not valid. Many states have different laws and most of the court decision favor employees.
Since you H1B was denied, Company A cannot prove any loss of business to them because of your move.
Since you H1B was denied, Company A cannot prove any loss of business to them because of your move.
more...
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wandmaker
08-14 06:44 PM
Congrads. Did your dependent got approved I-485?
Yes, we received everything together (email, welcome notice and card).
Yes, we received everything together (email, welcome notice and card).
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americandesi
08-11 03:44 PM
I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let’s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let’s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?
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johny120
08-24 08:52 AM
So just to be clear:
What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.
Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?
TIA
What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.
Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?
TIA
permfiling
02-01 09:52 PM
Hello there
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
If you came to know that your school got shutdown from friends which indicates that you did not go physically to school. I myself was a student 10 yrs ago and I understand the hardships the student goes through but rules where rules always which are
1. Working on F1 without work authorization from school is deport able
2. Not maintaining grades also will result in loss of admission
It looks like your concern is to get a CPT to work rather then study. Until you are enrolled in school, you cannot work without proper authorization.
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
If you came to know that your school got shutdown from friends which indicates that you did not go physically to school. I myself was a student 10 yrs ago and I understand the hardships the student goes through but rules where rules always which are
1. Working on F1 without work authorization from school is deport able
2. Not maintaining grades also will result in loss of admission
It looks like your concern is to get a CPT to work rather then study. Until you are enrolled in school, you cannot work without proper authorization.
deepakjain
11-16 11:41 AM
I have a question about VISA stamping.
I had a valid H1B approval till 9th October 2010. I applied for I485 and I had valid Advance Parole expiring Sept 2010. My current visa stamping is expired. I am planning to go to India on vacation and returning in Dec 2009.
My question is
1. If I use my Advance Parole at port of entry to US with out getting my visa stamped in India, will I loose my H1B status?
2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.
Thanks,
Praveen.
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
I had a valid H1B approval till 9th October 2010. I applied for I485 and I had valid Advance Parole expiring Sept 2010. My current visa stamping is expired. I am planning to go to India on vacation and returning in Dec 2009.
My question is
1. If I use my Advance Parole at port of entry to US with out getting my visa stamped in India, will I loose my H1B status?
2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.
Thanks,
Praveen.
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.