abuddyz
01-20 07:07 PM
I asked my company attoreny about this.. he said that immigration petition is I-140 and as I-140 is not filed for your wife (I-485 is already filed for my wife) so I should say No there for my wife's form.
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sprash
06-02 05:41 PM
bump
raysaikat
03-01 03:08 PM
I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
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chanduv23
06-27 07:26 PM
Hello Folks:
This long wait for Green Card has made me think about a number of things...
A few days back a couple of my friends have recieved notices from USCIS are sending notices 'Intent to Deny their I-485' w/o any rhyme or reason. Employer says they have not withdrawn their I-140. They said they will appeal but if nothing happens they will go back to India.
Just worried...if this happens to me and I am forced to go out of the country in 30 days, what happens to my US loans. I do not think I would be able to repay back my home & car loans with an Indian salary if I return. In this market I can only sell at a huge loss. I also used US Line of credit for education purposes. Do I need to file bankruptcy? I am on a EAD right now...
Any thoughts on this... greatly appreciate ....it
This is teh first time I am coming across this "Denying without any reason" - If this is really happening then it is a very serious issue. Your friends can contact IV if there is such a notice
This long wait for Green Card has made me think about a number of things...
A few days back a couple of my friends have recieved notices from USCIS are sending notices 'Intent to Deny their I-485' w/o any rhyme or reason. Employer says they have not withdrawn their I-140. They said they will appeal but if nothing happens they will go back to India.
Just worried...if this happens to me and I am forced to go out of the country in 30 days, what happens to my US loans. I do not think I would be able to repay back my home & car loans with an Indian salary if I return. In this market I can only sell at a huge loss. I also used US Line of credit for education purposes. Do I need to file bankruptcy? I am on a EAD right now...
Any thoughts on this... greatly appreciate ....it
This is teh first time I am coming across this "Denying without any reason" - If this is really happening then it is a very serious issue. Your friends can contact IV if there is such a notice
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vijay1974
09-11 01:14 PM
Rally shoud emphasize that its not for increase in any H1B visa but to provide relief for people who are going through AOS to cut down the amount of time whole adjustment process takes.
pa_arora
07-31 05:14 PM
Some of us will be seeing approvals starting tomorrow, the magic date AUG 1, 2008.
Please post ONLY approvals, LUDs, audits starting Aug 1.
Good luck to all.
Thanks
Please post ONLY approvals, LUDs, audits starting Aug 1.
Good luck to all.
Thanks
more...
sunny1000
01-13 09:09 PM
Here are the 2 orgs that I donated money.
American Red Cross (http://www.redcross.org)
www.salvationarmyusa.org (their online donations page is a little slow).
Request fellow IVans to donate generously to relief efforts. Thoughts and prayers are with the victims and their families.
American Red Cross (http://www.redcross.org)
www.salvationarmyusa.org (their online donations page is a little slow).
Request fellow IVans to donate generously to relief efforts. Thoughts and prayers are with the victims and their families.
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reddymjm
02-02 04:46 PM
You should be fine as the primary is already approved.
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gcgc2005
12-17 10:31 PM
Hello Everyone! Please advise me on the following agreement.
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
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desi3933
03-25 11:56 AM
Yes, as long as the derivative I-485 is submitted before the primary applicant receives approval of his I-485.
Incorrect!
Her I-485 does not need to filed before his I-485 approval. She can file for her I-485 when PD is current and maintaining valid visa status (or out of status < 180 days) at the time of filing of her I-485.
___________________
Not a legal advice.
Incorrect!
Her I-485 does not need to filed before his I-485 approval. She can file for her I-485 when PD is current and maintaining valid visa status (or out of status < 180 days) at the time of filing of her I-485.
___________________
Not a legal advice.
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andyvillapark
08-18 07:12 PM
I finished my three years residency on H1B visa and am currently working as a chief resident in my program on h1b visa extension which is valid till June 2011. My H1b visa was cap exempt as its a not for profit hospital affiliated with the university.
The CEO of the hospital recently told me that they are very interested in retaining me in their hospital. But one month back my hospital was purchased by a for profit group though the residency program was retained by not for profit group , and hospital is now for profit.My question to you is-
1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?
2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?
3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application
The CEO of the hospital recently told me that they are very interested in retaining me in their hospital. But one month back my hospital was purchased by a for profit group though the residency program was retained by not for profit group , and hospital is now for profit.My question to you is-
1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?
2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?
3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application
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davoutplantaire
02-17 06:02 PM
Hello everybody,
this is my first post on these forums, I've been reading around a fair bit for the past couple of weeks on immigration related websites, and especially IV.
As it has been so far the best source of information for me I want to ask a question that is pretty confusing...
From what I understood, being eligible for EB-2 is one of the best ways to get a GC in a reasonable delay (let's say around a year according to the first post of unitednations on http://immigrationvoice.org/forum/showthread.php?t=3250).
From what I understood that would merely require to have an arrangement with a company willing to help you in the tedious path to a GC instead of owning you with the H1-B.
There is where my question comes about EB-2 elibility as I'm really confused about the value of my french engineering degree in IT (5 years college, Diplome d'Ingenieur) and the possibility to find a position eligible for EB-2 that wouldn't require experience.
So my question consists of two parts :
- Is there any way to officially check that my degree is equivalent to an US Masters Degree ? (Wikipedia says yes, but I couldn't find any authoritative/official source)
- Is there any way that a position in the IT field that would require such a Masters Degree could be eligible for EB-2 even without work experience requirements ?
Thanks again to all IV folks and other who spend time sharing their precious information.
this is my first post on these forums, I've been reading around a fair bit for the past couple of weeks on immigration related websites, and especially IV.
As it has been so far the best source of information for me I want to ask a question that is pretty confusing...
From what I understood, being eligible for EB-2 is one of the best ways to get a GC in a reasonable delay (let's say around a year according to the first post of unitednations on http://immigrationvoice.org/forum/showthread.php?t=3250).
From what I understood that would merely require to have an arrangement with a company willing to help you in the tedious path to a GC instead of owning you with the H1-B.
There is where my question comes about EB-2 elibility as I'm really confused about the value of my french engineering degree in IT (5 years college, Diplome d'Ingenieur) and the possibility to find a position eligible for EB-2 that wouldn't require experience.
So my question consists of two parts :
- Is there any way to officially check that my degree is equivalent to an US Masters Degree ? (Wikipedia says yes, but I couldn't find any authoritative/official source)
- Is there any way that a position in the IT field that would require such a Masters Degree could be eligible for EB-2 even without work experience requirements ?
Thanks again to all IV folks and other who spend time sharing their precious information.
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gcsharma
09-30 12:53 PM
I'm currently working for Company A on H1B Visa. My GC is sponsored through Company B as a future employee. I never worked for Company B which has sponsored for my GC. I have applied for I485 and I140 has been approved for more than 6 months.
Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.
Can i apply for H1B extension through Company A based on my I-140 from Company B.
Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.
Can i apply for H1B extension through Company A based on my I-140 from Company B.
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pappu
03-12 12:05 PM
Thanks for your post and being informative. We understand your frustration (as expressed in words-- bucket of warm spit :) ) and appreciate the concern.
IV understands the issues and have been working with the lobbying firm on the stratagy that has more chances of success.
Please be patient and support us in the meet the lawmakers drive and funding drives at this time.
IV understands the issues and have been working with the lobbying firm on the stratagy that has more chances of success.
Please be patient and support us in the meet the lawmakers drive and funding drives at this time.
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Jerrome
05-22 12:02 PM
Are people getting soft lud on 485 recently?.
The reason why i am asking this is my 485 did not have any LUD for past 1 year and i got one today for all my 485(mine,dependents). 140 did not have any LUD only 485s. No AP,EAD renewals..
I know from previous threads it means nothing. Just wanted to check. Was trying to not post about this but at last i posted.
My wife got RFE after this LUD, Mine and my kid's no change. Waiting for RFE details. I think since the processing time for Texas is Aug 2007 they are pre adjusting the apps, i guess.
The reason why i am asking this is my 485 did not have any LUD for past 1 year and i got one today for all my 485(mine,dependents). 140 did not have any LUD only 485s. No AP,EAD renewals..
I know from previous threads it means nothing. Just wanted to check. Was trying to not post about this but at last i posted.
My wife got RFE after this LUD, Mine and my kid's no change. Waiting for RFE details. I think since the processing time for Texas is Aug 2007 they are pre adjusting the apps, i guess.
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raj3078
05-09 09:05 AM
Guys,
I was coming to work and just heard a small advertizment about "All Things Considered" on NPR. The advt said like this -"There is so much debate is going on about illegal immigrants but there is little debate about Legal Immigration, that story later on today on 'All Things Considered'. "
Anyone has any idea? Not sure if they will be taking phone calls or its pre-recorded story but it will be good to have IV feature or at least IV agenda featured on NPR.
Raj
I was coming to work and just heard a small advertizment about "All Things Considered" on NPR. The advt said like this -"There is so much debate is going on about illegal immigrants but there is little debate about Legal Immigration, that story later on today on 'All Things Considered'. "
Anyone has any idea? Not sure if they will be taking phone calls or its pre-recorded story but it will be good to have IV feature or at least IV agenda featured on NPR.
Raj
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ajju
09-07 12:14 AM
I dont think it is allowed. One would think that working outside the US while you are waiting for "Adjustment of Status" would be considered abandonment of your I 485
Still its good to check with your attorney first...
Still its good to check with your attorney first...
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ashkam
04-06 07:30 AM
What is so surprising about giving up citizenship of a country you don't live in?
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eilsoe
10-20 02:33 PM
YipYip! :P
SH2009
06-11 05:42 PM
Thank you, Elaine.
What if I extend my current H1B beyond Oct 1st, and at the same time file a new petition for new employer B?
Other than EAD, what is the option for me to start to work on 7/22/2009 for empolyer B?
What if I extend my current H1B beyond Oct 1st, and at the same time file a new petition for new employer B?
Other than EAD, what is the option for me to start to work on 7/22/2009 for empolyer B?
surabhi
06-18 09:44 AM
Hi
I have valid AP until Oct 16, 2008. I am going out of country between 1st Aug - 31 Aug.
I read that upon return, I will be paroled for validity with 1 year from that date.. i.e 31 Aug, 2009.
Does that mean I will not need AP renewal until 31 Aug, 2009 and I can re-enter US until that date without having to renew AP.?
Thanks in advance
I have valid AP until Oct 16, 2008. I am going out of country between 1st Aug - 31 Aug.
I read that upon return, I will be paroled for validity with 1 year from that date.. i.e 31 Aug, 2009.
Does that mean I will not need AP renewal until 31 Aug, 2009 and I can re-enter US until that date without having to renew AP.?
Thanks in advance
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