jthomas
04-04 09:49 PM
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
With EAD you are okay.
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
Answer :- I don't think so. If you are doing a part time job and if USCIS comes to know because of 1099 you may have a problem. I don't think you will have a problem if you accept cash and a evidence you never worked but helped your friend.
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
Answer :- AP is used for emergency. I don't know much but one of IV members went to india and was working for his employer from india.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
Answer :- Keep renewing your AP and you need to be present in US when AP is been renewed. I am not sure of it. Sorry.
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
With EAD you are okay.
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
Answer :- I don't think so. If you are doing a part time job and if USCIS comes to know because of 1099 you may have a problem. I don't think you will have a problem if you accept cash and a evidence you never worked but helped your friend.
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
Answer :- AP is used for emergency. I don't know much but one of IV members went to india and was working for his employer from india.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
Answer :- Keep renewing your AP and you need to be present in US when AP is been renewed. I am not sure of it. Sorry.
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banta4u
07-13 04:23 PM
Looks like the PERMANENT SOLUTION was to allow all applicants to apply for AOS....but it's losing ground, it seems...
Looks like July 485 applications will be accepted soon....from the looks of it USCIS is admitting it's mistakes...
http://blogs.ilw.com/gregsiskind/
>>>>>>>>>>>>
BATTLE TAKING PLACE AT CIS OVER PRECISE REMEDY IN THE VISA BULLETIN MESS
I have been reporting on plans for USCIS to make a major announcement today or Monday regarding fixing the mess created by USCIS' not quite valid claim to have fully processed all remaining cases for the fiscal year.
Apparently, there are multiple camps arguing for different solutions, according to more than one of my sources with at least one side arguing for providing interim work and travel benefits without a visa number being available (the "permanent" solution), another arguing for only accepting adjustment applications for July and other possibilities as well. The "permanent" solution camp has apparently lost some ground since yesterday.
An announcement today is still possible which might make sense given the holding up of publishing of the Visa Bulletin and the deadline imposed by Congresswoman Lofgren. But obviously USCIS has to decide what it wants to do, check the legality, then draft and release a press statement.
I'll update you as I learn more.
Looks like July 485 applications will be accepted soon....from the looks of it USCIS is admitting it's mistakes...
http://blogs.ilw.com/gregsiskind/
>>>>>>>>>>>>
BATTLE TAKING PLACE AT CIS OVER PRECISE REMEDY IN THE VISA BULLETIN MESS
I have been reporting on plans for USCIS to make a major announcement today or Monday regarding fixing the mess created by USCIS' not quite valid claim to have fully processed all remaining cases for the fiscal year.
Apparently, there are multiple camps arguing for different solutions, according to more than one of my sources with at least one side arguing for providing interim work and travel benefits without a visa number being available (the "permanent" solution), another arguing for only accepting adjustment applications for July and other possibilities as well. The "permanent" solution camp has apparently lost some ground since yesterday.
An announcement today is still possible which might make sense given the holding up of publishing of the Visa Bulletin and the deadline imposed by Congresswoman Lofgren. But obviously USCIS has to decide what it wants to do, check the legality, then draft and release a press statement.
I'll update you as I learn more.
ItIsNotFunny
09-23 10:15 AM
I don't get it - where are the rest of the 2468 members?
Can we send out a blast (through Pappu) to everyone on this forum?
Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!
Those are the people who don't deserve GC!
Can we send out a blast (through Pappu) to everyone on this forum?
Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!
Those are the people who don't deserve GC!
2011 Kids Draw Cats, Kittens, Lions
Jaime
09-22 08:24 PM
What if we all collect 3-5 stories each (like Ranga's) of people we know who have left or are planning to leave the U.S. as part of the Reverse Brain Drain, put them all in a book form, call this "The face of the self-inflicted U.S. Reverse Brain Drain" bind it and send copies of this book to al Congressmen, media, etc?
more...
richi121175
01-20 04:44 PM
Contributions is the need of the hour. Please help in contributions from other members. Thanks.
Does that mean we are no more after the goal of I-485 provision (attached to appropriation bills in Feb) due to lack of contributions? There has been several posts even in other forums saying that IV has dropped this goal, and I tried quite a few times now to get some form of confirmation/denial from any of the core members, but without any luck yet. Also logiclife's announcement was removed from the home page!!
Does that mean we are no more after the goal of I-485 provision (attached to appropriation bills in Feb) due to lack of contributions? There has been several posts even in other forums saying that IV has dropped this goal, and I tried quite a few times now to get some form of confirmation/denial from any of the core members, but without any luck yet. Also logiclife's announcement was removed from the home page!!
baburob2
05-30 08:16 PM
make sure you do the transfer to H1B to Company B before Company A revokes the I-140 to be on the safer side and get the 3 year extension. Then you could transfer the old PD on to your new GC you start with company B.
more...
Berkeleybee
03-07 11:30 AM
Dspg,
That post was not about my or IV's "worrying" about the doom and gloom crew - it was to ask them to cut the wailing and get up off their butts and do something.
I sincerely hope you are.
best,
Berkeleybee
That post was not about my or IV's "worrying" about the doom and gloom crew - it was to ask them to cut the wailing and get up off their butts and do something.
I sincerely hope you are.
best,
Berkeleybee
2010 Draw the lions legs and behind
golgappa
08-17 05:56 PM
Thanks for your reply..
Can anyone else share there views....
Can anyone else share there views....
more...
SGP
10-28 11:24 AM
Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
The threat was verbal, I do not have any paper trail. I know that 2 of the 4 colleagues have already signed the agreement. I do not know about the other 2 as they are the owners close blood relation.
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
The threat was verbal, I do not have any paper trail. I know that 2 of the 4 colleagues have already signed the agreement. I do not know about the other 2 as they are the owners close blood relation.
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chanduv23
02-14 04:39 PM
This is awesome. I wish I went to Medical school like most of my cousins..too late now
I wished too :), though i am happy helping Paskal in his efforts now :)
I wished too :), though i am happy helping Paskal in his efforts now :)
more...
alanoconnor
04-10 07:29 PM
http://www.ows.doleta.gov/foreign/faqsanswers.asp#refile3
REFILING
Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.
NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.
NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.
REFILING
Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.
NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.
NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.
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pappu
11-20 01:08 PM
All pls PM each other and exchange phone numbers and emails so that you can start building your local IV community. Once you have contacted each other, you can start the action items for state chapters.
more...
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Life2Live
11-06 07:31 AM
My 485 petitions returned now we are in process of resubmitting. However, I see my I-140 was applied in Nebraska on Feb 07 and later my 485 petition on Aug 07 was sent to Texas from my employer. I do understand there are intertransfer between Nebraska to Texas.
My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.
My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.
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kcindian
08-04 02:19 PM
Thanks REQUIRE_GC. I am surprised that I have not received any notification when I had applied for my wife and myself on July 01.
Is this because you are EB2? You applied in NSC i assume.
Is this because you are EB2? You applied in NSC i assume.
more...
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cdeneo
01-11 09:32 PM
Thanks so much for responding to this query and providing great insight here. The only concern at this point would be if availing of UC benefits would create any issues when an I-485 app is pending but will hope for the best that this will not be a problem.
Thanks again for chiming in on this.
I reviewed the State of Washington's unemployment compensation website, and from what I can see you would be eligible for benefits as long as you were legally authorized to work for the last 24 months and continue to be authorized to accept new employment. You will be required to provide your A# and agree to allow the State of Washington to share your application information with other agencies such as the IRS (UC benefits are taxable).
Thanks again for chiming in on this.
I reviewed the State of Washington's unemployment compensation website, and from what I can see you would be eligible for benefits as long as you were legally authorized to work for the last 24 months and continue to be authorized to accept new employment. You will be required to provide your A# and agree to allow the State of Washington to share your application information with other agencies such as the IRS (UC benefits are taxable).
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evildead
01-18 02:54 PM
do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial
more...
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kiru_99
10-30 02:25 PM
I called the USCIS they told me that it is rejected b'couse of Filing Fee. I left a message to my lawyer & my employer they didn't get back to me yet. Waiting for there reply
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latbsol
10-01 06:03 PM
Hi guys,
Sorry, I was absent for a long time. I am back now!
@ Hebron:
Yes, I am planning to file the EB2 with the same employer. Of course that is what prompted my questions in the first place.
@ veni:
Thanks for the suggestion. Yes, my employer applied for the H1B amendment and LCA and got them approved. So I hope that is good.
@ JamesSingham:
James, is your case the same as mine? i.e. you converted from EB3 to EB2 with the same employer (for a different job title & responsibilities) and are using the experience you gained with the same employer? Have you filed for EB2 PERM already? What is the current status? BTW how do we prove that the job responsibilities are 50% different. Obviously reading the EB3 job description and EB2 job description should make it clear. But I guess the DOL expects some formal proof about this? What kind of documents/letters/evidence has your current employer included in your application to prove that the two positions are > 50% different? Is there a standard procedure for doing this? Too many questions...sorry. But I hope you understand my situation :(. Please provide you responses. That will greatly help.
Sorry, I was absent for a long time. I am back now!
@ Hebron:
Yes, I am planning to file the EB2 with the same employer. Of course that is what prompted my questions in the first place.
@ veni:
Thanks for the suggestion. Yes, my employer applied for the H1B amendment and LCA and got them approved. So I hope that is good.
@ JamesSingham:
James, is your case the same as mine? i.e. you converted from EB3 to EB2 with the same employer (for a different job title & responsibilities) and are using the experience you gained with the same employer? Have you filed for EB2 PERM already? What is the current status? BTW how do we prove that the job responsibilities are 50% different. Obviously reading the EB3 job description and EB2 job description should make it clear. But I guess the DOL expects some formal proof about this? What kind of documents/letters/evidence has your current employer included in your application to prove that the two positions are > 50% different? Is there a standard procedure for doing this? Too many questions...sorry. But I hope you understand my situation :(. Please provide you responses. That will greatly help.
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InTheMoment
10-14 12:25 PM
Also, a minor correction to the answer on whether all have to wait for 5 years after GC to get naturalized...the only exceptions are military personnel *and* those who married US Citizens (marriage based GC's) - these categories have to wait only 3 years
desi3933
07-08 11:08 AM
While on AoS, are we classified as US Resident - as long as we pass the IRS resident test of presence in US.
Thank You and best wishes
While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.
This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.
.
Thank You and best wishes
While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.
This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.
.
roseball
07-18 03:21 AM
Yes, he needs to be out of the country for 1 full year in order to reset the H1clock....Well, its upto you if you want to file I-485 and get interim benefits like EAD/AP or would like to continue on L1/H1 visas.....I am not sure why you are worried so much as he can get an EAD on L2....Moreover, if you apply 485 now and dont apply for your husband, its more than likely that he wont get a chance to file for a long long time unless congress passes some bill to increase/recapture visa numbers.....
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