lelica32
07-30 07:15 PM
NSC: LUD 7/27/2008 I-140
EB3 Germany PD 4/30/2007, Reciept notice 8/20/2007
EB3 Germany PD 4/30/2007, Reciept notice 8/20/2007
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kumhyd2
05-19 04:51 PM
Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
I do have intentions of joining the employer once the GC is approved. The financial terms are regarding extra money for the GC process.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
I do have intentions of joining the employer once the GC is approved. The financial terms are regarding extra money for the GC process.
deba
10-27 10:36 AM
Tecnically I-140, labor cert belongs to the company. But it is always good to have a copy. I do not think it is necessary to have these docs to invoke AC21. Also, you may not necessarily get RFE for using AC21 either.
Deb
Contrib $900 so far
EB2 India PD 03/05
I140 09/07
I485 07/07
Deb
Contrib $900 so far
EB2 India PD 03/05
I140 09/07
I485 07/07
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questions
06-05 04:44 PM
Hi,
I have been selected for the Green Card Diversity lottery and have some questions:
I have been working for the past 6 years on a H1B visa and have been laid off in March.
I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).
1- Is my Green card application/approval in jeopardy by being out of status?
2- Is it possible to have my status adjusted and proceed inside the United States?
3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
4- Is it possible for me to travel to the US on a tourist visa while waiting for a response from the consular center?
5- Overall, what would be the recommended approach to give the best chance of approval?
Thanks in advance!
I have been selected for the Green Card Diversity lottery and have some questions:
I have been working for the past 6 years on a H1B visa and have been laid off in March.
I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).
1- Is my Green card application/approval in jeopardy by being out of status?
2- Is it possible to have my status adjusted and proceed inside the United States?
3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
4- Is it possible for me to travel to the US on a tourist visa while waiting for a response from the consular center?
5- Overall, what would be the recommended approach to give the best chance of approval?
Thanks in advance!
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kirupa
05-27 03:31 PM
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mrow
07-07 10:21 PM
My thoughts:
My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.
You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.
My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.
You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.
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pmamp
02-27 07:29 PM
I have I-140 filed and waiting for visa numbers to be current my PD is March 05 and Her name is given in I-140.
Since she will exhaust all her H1B years by end of this sept, he needs to be on either h4 or F1.
I have long wait for filing I-485, can she be on F1 in the meantime and then convert on H4 right before I could file for AOS?
Thanks
Since she will exhaust all her H1B years by end of this sept, he needs to be on either h4 or F1.
I have long wait for filing I-485, can she be on F1 in the meantime and then convert on H4 right before I could file for AOS?
Thanks
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sweet23guyin
09-25 12:04 PM
April 2008?
6months gone by and you are thinking of getting back/extension to h1b now?
it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
Just in case; see what your lawyer has to say.
6months gone by and you are thinking of getting back/extension to h1b now?
it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
Just in case; see what your lawyer has to say.
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thesparky007
04-25 09:40 PM
thanks kirupa
so you uploaded it?
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perm2gc
10-04 06:47 PM
I am from India and lived in Brussels, Belgium between 2000-2002 before being transferred by my Indian IT company to work in US on H1. Here are some facts on Brussels:
1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.
2. Cost of Living:
Apartment Rent: 900-1000 Euros per month
Lease terms: 6-12 months
Transportation: Public (Bus, subway, trains). You don't need a car.
Some companies offer a car+gas card as part of the overall
compensation package.
3. Salaries: Around Euros 35-45K per year (IT related)
Taxes: More than US (Around 30-35%)
Health Insurance: None
Vacation Time: 20-30 days an year
Education:Schools are mostly french medium. International schools
(English medium) are more expensive.
Desi/Indian population: Limited
4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.
Good info..thks
1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.
2. Cost of Living:
Apartment Rent: 900-1000 Euros per month
Lease terms: 6-12 months
Transportation: Public (Bus, subway, trains). You don't need a car.
Some companies offer a car+gas card as part of the overall
compensation package.
3. Salaries: Around Euros 35-45K per year (IT related)
Taxes: More than US (Around 30-35%)
Health Insurance: None
Vacation Time: 20-30 days an year
Education:Schools are mostly french medium. International schools
(English medium) are more expensive.
Desi/Indian population: Limited
4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.
Good info..thks
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HarishM
09-21 04:06 PM
Hello,
I'm Harish. I've finished my masters in usa and working on H1-B. I applied for GC this year. Right now at 1-140 filing stage. I think I-140 should be approved in a few months. After that how long should I wait to apply for I-485?
I want to change my employer. I believe you can do that 180 days after u file for I-485. So can any1 give me an approx time when I should be able to file I-485.
With all this retrogression its really confusing and frustating to understand...
I appreciate your help.
Thanks,
Harish.
I'm Harish. I've finished my masters in usa and working on H1-B. I applied for GC this year. Right now at 1-140 filing stage. I think I-140 should be approved in a few months. After that how long should I wait to apply for I-485?
I want to change my employer. I believe you can do that 180 days after u file for I-485. So can any1 give me an approx time when I should be able to file I-485.
With all this retrogression its really confusing and frustating to understand...
I appreciate your help.
Thanks,
Harish.
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logiclife
06-20 02:13 PM
Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .
Like I said, please contact a good lawyer for best possible course of action. You will need 140 approval photocopy at the minimum. If you have that, then its possible to file 485 behind employer's back BUT PLEASE CONSULT A LAWYER as there may be pitfalls that apply to your case and you need to know about them.
Otherwise I will be from nowhere .
Like I said, please contact a good lawyer for best possible course of action. You will need 140 approval photocopy at the minimum. If you have that, then its possible to file 485 behind employer's back BUT PLEASE CONSULT A LAWYER as there may be pitfalls that apply to your case and you need to know about them.
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eb3_nepa
01-26 12:49 AM
Pappu,
DO you use IE6 or IE 7? I use IE 6.0 & I see this issue. Please send me ur email in a PM and I will email you the screen shots. On here you cannot upload attachments whose image sizes are greater than 800x600.
DO you use IE6 or IE 7? I use IE 6.0 & I see this issue. Please send me ur email in a PM and I will email you the screen shots. On here you cannot upload attachments whose image sizes are greater than 800x600.
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frostrated
08-18 12:56 PM
Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.
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ssksubash
11-13 04:04 PM
You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
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msp1976
01-09 03:31 PM
1. Do I Need an airport transit visa since iam travelling via France ?
Depends on the airline..Air India would let you board...Other airlines may not allow you to board.I have heard of cases some people getting sent back from airport.Do not know anyone firsthand..Air India told my wife that they would not deny boarding and anything happens in Paris that is her risk.She got the transit visa from french consulate just to be on the safer side...noone came to check it when plane at paris.
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal)
Faster in US in India consulate that in India offices..At least NY is fast
3. Can I travel with an expired H4 visa ?
The only requirement for exiting the US is I-94...Usually they just take it and not even look at it....You can travel to a destination outside US...They would let you leave...No coming back without valid visa..
You can travel inside the US...Just keep the USCIS application receipt copy with you....You can show that copy as proof that you are making attempts to maintain legal status..
Depends on the airline..Air India would let you board...Other airlines may not allow you to board.I have heard of cases some people getting sent back from airport.Do not know anyone firsthand..Air India told my wife that they would not deny boarding and anything happens in Paris that is her risk.She got the transit visa from french consulate just to be on the safer side...noone came to check it when plane at paris.
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal)
Faster in US in India consulate that in India offices..At least NY is fast
3. Can I travel with an expired H4 visa ?
The only requirement for exiting the US is I-94...Usually they just take it and not even look at it....You can travel to a destination outside US...They would let you leave...No coming back without valid visa..
You can travel inside the US...Just keep the USCIS application receipt copy with you....You can show that copy as proof that you are making attempts to maintain legal status..
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nashorn
12-17 08:57 PM
Hi friends!
I have applied for my I-485 in June 2007.
This is what i got on 29 Nov-2007
On November 29, 2007, we mailed you a decision on your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
and on Dec 11th my status changed to
On December 11, 2007, the post office returned our last written notice on this case as undeliverable
My attorney got letters that my wife and daughter got denied as mine was denied..i am runing out of time and still do not know why it was denied..
we are at the same address where we got our EAD's and AP's and we have been checking the mail box every day to find out the reason.
if somebody who knows or gone through the same please share with me what you did and what happened.
thanks a lot.
Ramana.
If your atterney got letters of your wife and kid, yours should had been sent to him too. It is possible that the address on your 485 has some mistake. Ask your atterney to check that with USCIS, and ask the decision be sent again. Your atterney probeblely has done this already.
People normally got a RFE or Intent to deny befor final decision. If the address on the 485 was wrong, your atterney wouldn't get those either. His not responding could result in abandenonment denial. It looks like there is a good chance that is what happened.
I have applied for my I-485 in June 2007.
This is what i got on 29 Nov-2007
On November 29, 2007, we mailed you a decision on your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
and on Dec 11th my status changed to
On December 11, 2007, the post office returned our last written notice on this case as undeliverable
My attorney got letters that my wife and daughter got denied as mine was denied..i am runing out of time and still do not know why it was denied..
we are at the same address where we got our EAD's and AP's and we have been checking the mail box every day to find out the reason.
if somebody who knows or gone through the same please share with me what you did and what happened.
thanks a lot.
Ramana.
If your atterney got letters of your wife and kid, yours should had been sent to him too. It is possible that the address on your 485 has some mistake. Ask your atterney to check that with USCIS, and ask the decision be sent again. Your atterney probeblely has done this already.
People normally got a RFE or Intent to deny befor final decision. If the address on the 485 was wrong, your atterney wouldn't get those either. His not responding could result in abandenonment denial. It looks like there is a good chance that is what happened.
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anand2007
07-18 08:34 PM
if your wife has chosen Consular processing when filing I-140, it is possible to go ahead with concurrent applications
Hi Friends,
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
Hi Friends,
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
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nashim
05-30 03:30 PM
Don�t worry, they will send you receipt notice within few days. I efiled on 05/19/08, receipt was generated on same day from TSC and I received on 05/23/08.
letstalklc
05-31 09:09 PM
Thanks so much sumggymba, just one more thing if you know. Do they file eb2 ?
One of my cousin works in oracle and he has mentioned to me that oracle is not filing in EB2 category (they used to file before), not sure is it for every one or depends on team to team or person to person.
I would advice you better check in advance as soon as you have job confirmation
One of my cousin works in oracle and he has mentioned to me that oracle is not filing in EB2 category (they used to file before), not sure is it for every one or depends on team to team or person to person.
I would advice you better check in advance as soon as you have job confirmation
english_august
07-09 10:55 PM
Hardly anyone has volunteered to go to USCIS with nixstor. That's sad. We are getting a megaphone to talk about our problems and yet in the entire DC area with a huge IV membership, we have just one person willing to go to USCIS.
I am kinda rubbing my eyes in disbelive right now!
I am kinda rubbing my eyes in disbelive right now!
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