sagar_nyc
02-11 12:00 PM
Yes My 140 was approved close to Sept 19.. Thanks
I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.
I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.
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peer123
04-04 09:02 AM
bumping it up... Friends I would like to hear from others.. thanks in advance...
bheemi
07-31 05:41 PM
Unless you use AP to travel outside, you can work on EAD and status of H4 is not going to be affected..So dont fear, just pose the question to lawyer in immigration-law.com. Or else you can search in the advanced q/a in that website u may find answer..
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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
more...
mps
08-15 05:00 PM
:p You just killed spirit of "AC21"
:D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !
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?
:D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !
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?
rayoflight
09-24 01:40 PM
... what about the existing backlog. They need to address the backlog even before they can think of raising fees or admin fixes.
Cheers,
Rayoflight
Cheers,
Rayoflight
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vts31
10-20 10:08 PM
correct...and holy crap u have a lot of posts!
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senthil
01-17 11:30 AM
i would recommend --
its worth going to a tax filing rep ( HR block or any local re closer to you ) who'll get your job done easy. bec this involves not only adding your spouse to your tax records for the first time to get rebates etc. they will also help fill required forms / pappers to apply a new ITIN for your spouse, which is supposed to go to a diff address for requesting ITIN and once after an ITIN is assigned, it gets forwarded to the right place where it should be filed etc.
Having copies of all forms this time, may be it will be easier for you next time to do it yourself. my 2 c. good luck
its worth going to a tax filing rep ( HR block or any local re closer to you ) who'll get your job done easy. bec this involves not only adding your spouse to your tax records for the first time to get rebates etc. they will also help fill required forms / pappers to apply a new ITIN for your spouse, which is supposed to go to a diff address for requesting ITIN and once after an ITIN is assigned, it gets forwarded to the right place where it should be filed etc.
Having copies of all forms this time, may be it will be easier for you next time to do it yourself. my 2 c. good luck
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gcpain
03-28 01:46 PM
Correct me if I am wrong, yesterday's bill which is passed does not have like this provisions.
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gnutin
06-10 12:43 PM
Hi Gurus,
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
Premium processing would take less than 30 days. To be safe move after employer B receives the approval.
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.
5. Does the new job need to be the same title and job requirements as the old one?
For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
Premium processing would take less than 30 days. To be safe move after employer B receives the approval.
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.
5. Does the new job need to be the same title and job requirements as the old one?
For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.
more...
solaris27
02-11 09:07 AM
In this forum you will not find a lot of peoples who won lottery .
but is my personal openion that you can't use your lottery case priority date for your eb3 case?
but is my personal openion that you can't use your lottery case priority date for your eb3 case?
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usdreams
05-25 12:13 PM
Hi,
I am little scared, I have taken an Infopass appointment for this friday at my local office, as my PD is current for EB2 - May, and still didn't get any status update or GCs.
Is it risky or inviting a risk by taking infopass apt. ?
Do you think I should have waited ?
please reply if anyone have any idea.
Thank you,
I am little scared, I have taken an Infopass appointment for this friday at my local office, as my PD is current for EB2 - May, and still didn't get any status update or GCs.
Is it risky or inviting a risk by taking infopass apt. ?
Do you think I should have waited ?
please reply if anyone have any idea.
Thank you,
more...
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GCOP
04-21 11:10 AM
It took 5 weeks to get it renewed because our old passports were issued in India. So they might be sending letter for confirmation to the passport office in India (Where it was originally issued) and once they receive it, they issue the new passports. For old passports issued by the Embassy in USA, it is faster.
Regarding contacting them, keep dialling (202) 939-9888, you might be able to talk with them, in one of the attempt. I was able to talk with them, the same way.
How long did it take for you to renew the passport. My appointment date is on Apr 03 and they received my documents on March 31st. I did not get the passport yet. Do you have a number to call them. I called all the numbers listed on the website and no one answers.
Regarding contacting them, keep dialling (202) 939-9888, you might be able to talk with them, in one of the attempt. I was able to talk with them, the same way.
How long did it take for you to renew the passport. My appointment date is on Apr 03 and they received my documents on March 31st. I did not get the passport yet. Do you have a number to call them. I called all the numbers listed on the website and no one answers.
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prinive
12-21 01:41 PM
What is that "Million $$$ drive". I did contrubute to omini bus 30K drive. But I havent heard of this drive?
Have you contributed to the MILLION dollar drive? Please visit the funding thread!
Have you contributed to the MILLION dollar drive? Please visit the funding thread!
more...
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dbevis
June 4th, 2004, 08:32 PM
Who remembers "The Prisoner"?
You are Number Six
I am not a number . . .
I'm a free man!
You are Number Six
I am not a number . . .
I'm a free man!
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tabletpc
07-30 09:13 AM
Sad to know about u r situation and hope u will get out of it soon.
Remember when a emplyee losses job ts the responsibility of the emplyoer to report to USCICS to cancel the H1B for that employee. Just wondering if u r employer has/not reported to USCICS. Talk to them and try to get some time until u can transfer u r h1b....!!!!
As of porting....yes you can port PD once u r i-140 is approved. Is u r I-140 approved..??if its pending..u could be at risk if u get RFE and u r employer don't respond on time. Then you can't have n approved i-140 so will not be able to port PD. However if u have approved i-140 then , all u need to do in new job is get PERM done and use the earlier PD.
You can port PD from Eb3 to any employment category.
Did i answer u r queries...???
Good luck
Remember when a emplyee losses job ts the responsibility of the emplyoer to report to USCICS to cancel the H1B for that employee. Just wondering if u r employer has/not reported to USCICS. Talk to them and try to get some time until u can transfer u r h1b....!!!!
As of porting....yes you can port PD once u r i-140 is approved. Is u r I-140 approved..??if its pending..u could be at risk if u get RFE and u r employer don't respond on time. Then you can't have n approved i-140 so will not be able to port PD. However if u have approved i-140 then , all u need to do in new job is get PERM done and use the earlier PD.
You can port PD from Eb3 to any employment category.
Did i answer u r queries...???
Good luck
more...
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mrsr
02-20 11:13 AM
InterFiling Help please gurus...
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jscris
July 15th, 2004, 03:27 PM
Those are wonderful, Anders! They should make up for quite a few days without great shots. :)
And thanks, QJ. I wish I could figure out how to make money at this. ;)
Janet
And thanks, QJ. I wish I could figure out how to make money at this. ;)
Janet
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gc_on_demand
06-22 10:09 AM
I think OP is correct as CIR will not pass this year. Remember Mr bush took advantage 8 years ago and won election. Even he may knew that it will not pass. Same way Raid may know that it may not pass but what is wrong to take advantage of pushing CIR. Even if it doesnot pass or introduced he may win because Hispanic will think if he wins he may bring CIR for sure.
Now in near future Mr President does not have any benefit of CIR unless he runs for next term. So for him delayed CIR is good. till 2011. So it may be win-win for both. Raid will make a vocal for it now and will win election and OBAMA will keep silence and make attempt in 2011. If passes or not he may win election again.
Only catch is if hispanic people think that Replicans didnot help them and now dems not going to help again so they may not give vote to Dems as punishment and that may hurt.
Now in near future Mr President does not have any benefit of CIR unless he runs for next term. So for him delayed CIR is good. till 2011. So it may be win-win for both. Raid will make a vocal for it now and will win election and OBAMA will keep silence and make attempt in 2011. If passes or not he may win election again.
Only catch is if hispanic people think that Replicans didnot help them and now dems not going to help again so they may not give vote to Dems as punishment and that may hurt.
krishna.ahd
02-12 06:08 PM
both H1 and H4 extension are filed together regularly.
However, the need now arises to upgrade both to premium processing.
Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.
But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.
Anyway, thanks for all replies. I'll keep digging....
It happned to me , when attorney forgot to file H4 for my kids and i came to know only after i received my extension. Then my employer filed it under premium and received the approval within 10 days.
However, the need now arises to upgrade both to premium processing.
Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.
But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.
Anyway, thanks for all replies. I'll keep digging....
It happned to me , when attorney forgot to file H4 for my kids and i came to know only after i received my extension. Then my employer filed it under premium and received the approval within 10 days.
kriskris
08-19 11:10 AM
I posted the following at another forum on this topic:
It is from this link:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9aecd408423b3f800b01aa0c83db a52
Further research showed that the BSS (Biometrics Storage System) actually went into effect on May 7, 2007.
This is from FR 17172 which you can find at:
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_register&position=all&page=17172
Thanks for the info. Good to know abt this.
It is from this link:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9aecd408423b3f800b01aa0c83db a52
Further research showed that the BSS (Biometrics Storage System) actually went into effect on May 7, 2007.
This is from FR 17172 which you can find at:
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_register&position=all&page=17172
Thanks for the info. Good to know abt this.
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