unit
09-16 07:43 PM
Thank you for your responses.
My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.
In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.
My question is are there any risks in my 485 in this context?
Should I be moving to company-A to reduce any risk?
Would appreciate your responses in this.
My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.
In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.
My question is are there any risks in my 485 in this context?
Should I be moving to company-A to reduce any risk?
Would appreciate your responses in this.
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AB1275
12-17 12:42 PM
I had posted my query on another thread but thought of creating a new one with all the updates.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
priya82
02-17 08:02 PM
Hello,
I have a question regarding my employment & H1B.
I was working for company "A" and my project ended in Jan and the company "A" gave me 1 month to find employment.
So I have applied for H1B transfer last week with company "B"
I got a call today from company "A" offering me a job.
Is it possible for me to work with company "A", while my application for H1B transfer is pending?
I want to join company "B" when H1B transfer is approved but in the meantime can I work for company "A" because it is very hard to find a job in this economic situation
Any help in this matter will be greatly appreciated.
Thanks
I have a question regarding my employment & H1B.
I was working for company "A" and my project ended in Jan and the company "A" gave me 1 month to find employment.
So I have applied for H1B transfer last week with company "B"
I got a call today from company "A" offering me a job.
Is it possible for me to work with company "A", while my application for H1B transfer is pending?
I want to join company "B" when H1B transfer is approved but in the meantime can I work for company "A" because it is very hard to find a job in this economic situation
Any help in this matter will be greatly appreciated.
Thanks
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lj_rr
07-31 02:01 PM
Iam in exact same situation.Can someone share the detailed process to do this.
Yes. It is called interfiling
Yes. It is called interfiling
more...
digitalborealis
01-10 10:51 AM
That probably was unnecessary and may triggered the additional check due to export control of high end researches.
I can imagine.. I work on Assisted GPS platform on US Wireless Carrier Phones. So When he heard GPS, he (VO) must have raised the flag. Having said that, I am a direct employee, not through any consulting company or so. it is just a matter of time. Just wait and watch.
I will update any reply I would get.
D
I can imagine.. I work on Assisted GPS platform on US Wireless Carrier Phones. So When he heard GPS, he (VO) must have raised the flag. Having said that, I am a direct employee, not through any consulting company or so. it is just a matter of time. Just wait and watch.
I will update any reply I would get.
D
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chanduv23
12-31 02:08 PM
sept 11 notice date, EAD approved for spouse and me. case transferred to TSC, no FP yet
Same here, september 11 notice date case transferred to TSC, EAD and AP recieved for self and spouse but no FP yet.
Some say it is not an issue, some say it can be an issue
Same here, september 11 notice date case transferred to TSC, EAD and AP recieved for self and spouse but no FP yet.
Some say it is not an issue, some say it can be an issue
more...
puntubabu
03-07 10:17 PM
Dark Child has no votes, someones gotta vote for him, hes got a really good layout.
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h1b_forever
10-01 12:09 PM
I am the primary applicant.
But AP seems to be going the other way. I got my approval. My wife hasnt yet.
But AP seems to be going the other way. I got my approval. My wife hasnt yet.
more...
akhilmahajan
05-03 08:42 PM
that was pretty fast............ i wish everyone else is that lucky also........
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Akia
03-24 11:00 AM
It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.
As regards whether a reimbursement agreement is enforceable - it depends on state law.
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
As regards whether a reimbursement agreement is enforceable - it depends on state law.
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
more...
logiclife
02-09 11:54 AM
Nothing on google or Cspan. I am sure you've tried that.
Is there a special newspaper for Capitol hill? that published committe hearings etc. then you have a shot at looking at those after the hearings are over.
--logiclife.
Is there a special newspaper for Capitol hill? that published committe hearings etc. then you have a shot at looking at those after the hearings are over.
--logiclife.
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Laasya05
01-22 05:10 PM
No you don't need to be on payroll before filing the PERM. That is what I did. GC can be applied for future employment.
so can we file LC perm with an employer while on H4 and move to H1 little bit later?
----------------------------
Contribute $320
signed up for monthly contribution $20
PD:-August 2003 (EB3)
LC approved
I-140 approved
I-485 did not file
Spouse on H4.
so can we file LC perm with an employer while on H4 and move to H1 little bit later?
----------------------------
Contribute $320
signed up for monthly contribution $20
PD:-August 2003 (EB3)
LC approved
I-140 approved
I-485 did not file
Spouse on H4.
more...
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thepaew
11-09 07:43 AM
I have decent writing skills and can help with writing or reviewing any documents or presentation materials. I don't live near the DC area but am willing to meet MA lawmakers locally.
--
MA Chapter
--
MA Chapter
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thamizhan
07-12 01:15 PM
I checked with my lawyer and they mentioned, so far they have not received my packet from USCIS.
more...
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glamzon
08-02 03:15 PM
lol...nice joke ..can i borrow your pigeon for this weekend ..need to make some weekend deliveries ;)
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cnachu2
09-16 02:52 PM
I DONT SEE ANY PROBLEMS, AS LONG AS YOU KEEP YOUR AP, LETTER FROM YOUR EMPLOYER AND LAST 3 PAY STUBS AND COPY OF I485,EAD,AC21 COPY IF YOU HAVE ONE
Hi,
I am also planning to travel on AP to India. I changed my employer, but didn't file AC21. AP's are still from the time when i was working for my old employer who sponsored me. Will it be any issue, if i travel with these AP's. What type of letter do i need to take from present employer durimg my travel. Please advise...
Hi,
I am also planning to travel on AP to India. I changed my employer, but didn't file AC21. AP's are still from the time when i was working for my old employer who sponsored me. Will it be any issue, if i travel with these AP's. What type of letter do i need to take from present employer durimg my travel. Please advise...
more...
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meridiani.planum
05-15 05:14 PM
2009------we can see something happening.
Until then Visa Bulleting is our best hope and source
Let us pray.
not to be too blunt, but:
http://gracefulflavor.net/2008/04/29/prayer-death/
prayer is not enough. As they say even God helps only those who help themselves. The July VB re-instatement would not have happened if people had just prayed and done nothing else.
So call representatives during the day:
http://immigrationvoice.org/forum/showthread.php?t=19113
and pray in the evening.
Until then Visa Bulleting is our best hope and source
Let us pray.
not to be too blunt, but:
http://gracefulflavor.net/2008/04/29/prayer-death/
prayer is not enough. As they say even God helps only those who help themselves. The July VB re-instatement would not have happened if people had just prayed and done nothing else.
So call representatives during the day:
http://immigrationvoice.org/forum/showthread.php?t=19113
and pray in the evening.
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sixburgh
06-28 05:50 PM
Read carefully. It says 'However, there is an exception for people in H, L, K or V'. You are not on H1 right. That condition won't applicable for you.
I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
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jnayar2006
03-27 05:40 PM
nsnriv,
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
tonyHK12
11-24 10:37 AM
In spite of the mess we are in, these songs and the substitutions does make me wonder whether I need to cry or laugh!
Aha, found the perfect song. Apologies for Angreji lyrics!
When you see it on youtube you will understand - a bit pessimistic, hopeless, wierd, also feels appropriately, sadistic:
http://www.youtube.com/watch?v=k6Qd9VR1gD8 - older video
Aerosmith - Dream On:
"
Every time I look in the mirror
All these lines on my face getting clearer
The past is gone
It goes by, like dusk to dawn
Isn't that the way
Everybody's got their dues in life to pay
Yeah, I know nobody knows
where it comes and where it goes
I know it's everybody's sin
You got to lose to know how to win
Half my life
is in books' written pages
Lived and learned from fools and
from sages
You know it's true
All the things come back to you
....
Sing with me, sing for the year
Sing for the laughter, sing for the tears
Sing with me, if it's just for today
Maybe tomorrow, the good lord will take you away
....
...
Dream On Dream On Dream On
Dream until your dreams come true
Dream On Dream On Dream On
Dream until your dream comes through
Dream On Dream On Dream On
Dream On Dream On
Dream On Dream On "
Aha, found the perfect song. Apologies for Angreji lyrics!
When you see it on youtube you will understand - a bit pessimistic, hopeless, wierd, also feels appropriately, sadistic:
http://www.youtube.com/watch?v=k6Qd9VR1gD8 - older video
Aerosmith - Dream On:
"
Every time I look in the mirror
All these lines on my face getting clearer
The past is gone
It goes by, like dusk to dawn
Isn't that the way
Everybody's got their dues in life to pay
Yeah, I know nobody knows
where it comes and where it goes
I know it's everybody's sin
You got to lose to know how to win
Half my life
is in books' written pages
Lived and learned from fools and
from sages
You know it's true
All the things come back to you
....
Sing with me, sing for the year
Sing for the laughter, sing for the tears
Sing with me, if it's just for today
Maybe tomorrow, the good lord will take you away
....
...
Dream On Dream On Dream On
Dream until your dreams come true
Dream On Dream On Dream On
Dream until your dream comes through
Dream On Dream On Dream On
Dream On Dream On
Dream On Dream On "
karanp25
07-30 05:48 PM
FYI: Last year, my wife (Dependent) got her EAD before mine was approved. Like i said, if u start looking for trends (and something that makes sense) the way USCIS works, u will most likely be disappointed.
They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.
I am in the same boat. I received " Card Order� notification today for my case..but wife's case is still pending. I think there is a trend.
Primary applicant's first.. dependents later.
Any one got approval for their dependents yet?
They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.
I am in the same boat. I received " Card Order� notification today for my case..but wife's case is still pending. I think there is a trend.
Primary applicant's first.. dependents later.
Any one got approval for their dependents yet?
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