senthil
02-06 06:31 PM
Her H4 depends on my H1B validatity. Im said if i call AC21 using my EAD, then my H1B goes invalid and so her H4. Does this makes sense to you. Do you got other opinions ? If so let mw know. thanks.
raj2007
06-20 01:28 PM
I was working for company A as a Title X through H1 B visa
And company A filed my GC sponsorship petition with title Y and I-140 cleared.
I resigned company A for job Title X and joined company B (H1 transfer) (I did not rejected or asked him to cancel my EB based GC petition)
But Company A revoked my EB based sponsored petition.
Is there a legal right for me to ask why did he revokes my EB based sponsorship petition when I have not rejected his offer for GC Title Y
Please clarify
You have no legal right. Employer can sponser and revoke the petition.
And company A filed my GC sponsorship petition with title Y and I-140 cleared.
I resigned company A for job Title X and joined company B (H1 transfer) (I did not rejected or asked him to cancel my EB based GC petition)
But Company A revoked my EB based sponsored petition.
Is there a legal right for me to ask why did he revokes my EB based sponsorship petition when I have not rejected his offer for GC Title Y
Please clarify
You have no legal right. Employer can sponser and revoke the petition.
GCStatus
09-04 12:30 AM
Like any new documents which we dont have now?
CCC
04-11 01:59 PM
Understood.
more...
martinvisalaw
03-24 01:45 PM
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.
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
pd_recapturing
09-04 10:41 AM
There is a confusion in following statement:
"Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested"
I read in some other forums that you do not need to wait for your PD to be current to interfile. Is that true ? My attorney is also saying that we can interfile as soon as we receive the RN. My PD is May 2004.
"Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested"
I read in some other forums that you do not need to wait for your PD to be current to interfile. Is that true ? My attorney is also saying that we can interfile as soon as we receive the RN. My PD is May 2004.
more...
bsbawa10
05-10 09:08 AM
since there are so many threads discussing what we can and should do ..I thought that I would open this thread ..my red dots should send a signal that this is a serious issue. if USCIS were to act like this next year too ..then EB3 will become unavailable in march 2010 and EB2 will retrogress in june 2010 ..in other words HISTORY WILL REPEAT ITSELF ..so lets do something now (in addtion to helping IV) !!!
I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.
Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.
I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.
Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.
Eberth
10-21 06:26 PM
yeah!!
how can i do the poofiness??
how can i do the poofiness??
more...
raysaikat
07-13 01:15 AM
Hi Ann:
I would like to ask related questions in this thread..
what if person does not get H1 extension approved because of this new employee-employer relationship memo, Can I stay in US on other visa (F2/F1) after H1 extension denial until my priority date become current? Do you see any problem in this option?
If you enter US on a non-immigrant VISA such as F1 or B1/B2, your GC would be considered abandoned.
Well if it is not OK, Go back to India, then apply for AOS once priority date become current. Is this option will work?
Many many thanks for your response...
You must be physically present in US to submit I-485.
I would like to ask related questions in this thread..
what if person does not get H1 extension approved because of this new employee-employer relationship memo, Can I stay in US on other visa (F2/F1) after H1 extension denial until my priority date become current? Do you see any problem in this option?
If you enter US on a non-immigrant VISA such as F1 or B1/B2, your GC would be considered abandoned.
Well if it is not OK, Go back to India, then apply for AOS once priority date become current. Is this option will work?
Many many thanks for your response...
You must be physically present in US to submit I-485.
calaway42
10-04 12:42 AM
lol .. uh-oh.. I think i did something wrong..
I reviewed the tuturial.. and during step2.. there should be a strip of rectengle hanging on top of it? (In my case on the left/right side..I am making a vertical one) hmmmm...
My steps..
1. I made a New File..
2. Made "layer 1" and made a 20x500 vertical rentangle with rantengle marquee tool.
3. filled it in with paint bucket
4. CTRL +click on the layer that contains my rectangle.. then moved it 1 up and 1 left..(just the whole thing moved)
5. made "layer 2" and with paint bucket I filled it with white..(BUT!! big BUT!! :) I still had Marquee tool on my rectengle.. and it looked like nothing happened to layer 1 or 2 after filling it in)
6. then CTRL +click on the layer 1.. and clicked "layer 2" when it was highlighted....
what did i do wrong? :*(
I reviewed the tuturial.. and during step2.. there should be a strip of rectengle hanging on top of it? (In my case on the left/right side..I am making a vertical one) hmmmm...
My steps..
1. I made a New File..
2. Made "layer 1" and made a 20x500 vertical rentangle with rantengle marquee tool.
3. filled it in with paint bucket
4. CTRL +click on the layer that contains my rectangle.. then moved it 1 up and 1 left..(just the whole thing moved)
5. made "layer 2" and with paint bucket I filled it with white..(BUT!! big BUT!! :) I still had Marquee tool on my rectengle.. and it looked like nothing happened to layer 1 or 2 after filling it in)
6. then CTRL +click on the layer 1.. and clicked "layer 2" when it was highlighted....
what did i do wrong? :*(
more...
misholiver
12-17 11:16 AM
did you ever got a receipt notice?
ps. I am in the same boat and getting very nervous now.
ps. I am in the same boat and getting very nervous now.
tampacoolie
06-30 05:30 PM
:eek: right on the money. You hit the selfish lawyers head with nail here. There is no way that USCIS can reject your case. job well done.
more...
gc_on_demand
04-04 11:29 AM
Can pls add poll to this by month. We atleast know 3 cases..
i voted as sep 2007 from one lawyer posted that news.
i voted as sep 2007 from one lawyer posted that news.
aamchimumbai
07-23 12:05 AM
All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
more...
mukuraj
07-27 02:55 PM
Hi,
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
Kasi,
I had the same situation and asked my attorney last month. He replied "I-94 # is always the # on the white card which is stapled in your passport", meaning the latest I-94 (white card) given to you at the port of entry. It doesn't matter whether it is expired or not. Hope this answers.
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
Kasi,
I had the same situation and asked my attorney last month. He replied "I-94 # is always the # on the white card which is stapled in your passport", meaning the latest I-94 (white card) given to you at the port of entry. It doesn't matter whether it is expired or not. Hope this answers.
neerajkandhari
06-04 10:22 AM
You really need to ask that question of a tax or employment law expert. It's not an immigration issue so it's not my area of expertise.
My I 140 was approved in Aug 2007
I have a 485 pending
Do i need to be in working for all the years till i get a green card
I will be able to provide a job offer letter in the same position in which my green card was sponsered with same or higher salary
Will it be enough to get my 485 approved ?
Your Advice will be appreciated
My I 140 was approved in Aug 2007
I have a 485 pending
Do i need to be in working for all the years till i get a green card
I will be able to provide a job offer letter in the same position in which my green card was sponsered with same or higher salary
Will it be enough to get my 485 approved ?
Your Advice will be appreciated
more...
iam4u4ever
06-04 06:02 PM
You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."
what should i do if at the time of actual AOS ( The day they adjudicate my case ) I am working for another company since the actual sponsoring company is closed down ?
what should i do if at the time of actual AOS ( The day they adjudicate my case ) I am working for another company since the actual sponsoring company is closed down ?
NewDocinUS
02-05 05:49 PM
Please email me your details, I may be able to get you an observership spot. I do not promise, but I will try
Can you please let me know if you received my email.
Thanks
Can you please let me know if you received my email.
Thanks
kumar1305
01-22 07:27 PM
I hate the word Donate but somehow I donated blood which will be sent to Haiti. I did some in monies. Life is life no matter who it is.
saketkapur
07-06 02:50 PM
But I did have a valid H1B stamp in my passport at the time of entry......
You should confirm with your attorney as to if you will be able to maintain H1 status after entering on AP if you do not have a valid stamp...not sure about that......
regards
Saket
You should confirm with your attorney as to if you will be able to maintain H1 status after entering on AP if you do not have a valid stamp...not sure about that......
regards
Saket
sodh
07-24 10:17 PM
Thanks for the responses.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
Get an affidavit signed by a magistrate from your country which has the corrected names, the Lawyers will have the format for that.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
Get an affidavit signed by a magistrate from your country which has the corrected names, the Lawyers will have the format for that.
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