singhv_1980
05-09 09:01 PM
- H1B is good as long as employer-employee relationship is maintained, which in your case should be fine
- You may have issues with 140 approval (Just my opinion, I may be wrong)
- If you are considering H1 transfer, that may have issues as you may not have latest paycheck..
Thanks for the reply. Is I-140 very dependent on company's financial position? What if actually everything goes back on track and I get my pay and stuff?
Can you please elaborate your views about I-140 here?
Thanks again!!
- You may have issues with 140 approval (Just my opinion, I may be wrong)
- If you are considering H1 transfer, that may have issues as you may not have latest paycheck..
Thanks for the reply. Is I-140 very dependent on company's financial position? What if actually everything goes back on track and I get my pay and stuff?
Can you please elaborate your views about I-140 here?
Thanks again!!
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sameer2730
09-10 12:10 PM
There is a discrepancy between the dates in the Oct Bulletin on the State Department site and the Mumbai Consulate site for EB3 India. Any information on which one is a typo
mirchiseth
03-15 11:39 AM
As you can see for my profile my labor cert was filed in Dec 2002 and I am Eb3 India. So all these years I have been assuming my priority date for I485 processing as Dec 2002. But now it seems there is a problem.
There have been two I-140 filings for me - first the original one which has the correct priority date of Dec 2002. Later on the company was acquired and the new company filed a successor of interest I-140 in Aug 2007. This I-140 was approved in March 2008. I have copy of this 2nd I-140 and didn't pay attention to the priority date printed on this I-140. To my dismay the priority date mentioned on the Aug 2007 approved I-140 is Aug 2007.
I wanted to find out what was the priority date in USCIS records and I called the 1-800 number. They asked me to meet the local USCIS office so took the Infopass this morning. The local San Jose USCIS office says that they would take the Aug 2007 as the priority date :( and have told me to contact my attorney.
As you can imagine I am quite devastated. Has anybody been in the same situation where the priority date on I-140 was different from Labor filing date? How did you get it corrected.
Thanks
There have been two I-140 filings for me - first the original one which has the correct priority date of Dec 2002. Later on the company was acquired and the new company filed a successor of interest I-140 in Aug 2007. This I-140 was approved in March 2008. I have copy of this 2nd I-140 and didn't pay attention to the priority date printed on this I-140. To my dismay the priority date mentioned on the Aug 2007 approved I-140 is Aug 2007.
I wanted to find out what was the priority date in USCIS records and I called the 1-800 number. They asked me to meet the local USCIS office so took the Infopass this morning. The local San Jose USCIS office says that they would take the Aug 2007 as the priority date :( and have told me to contact my attorney.
As you can imagine I am quite devastated. Has anybody been in the same situation where the priority date on I-140 was different from Labor filing date? How did you get it corrected.
Thanks
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orshoe
03-19 05:28 PM
I was hoping that it would fall into the "related occupations" category.
http://online.onetcenter.org/link/summary/11-3021.00#RelatedOccupations
http://online.onetcenter.org/link/summary/11-3021.00#RelatedOccupations
more...
saketkapur
07-14 11:42 AM
Hi
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
2. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if somebody can provide some insight regarding the same.
regards
Saket Kapur
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
2. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if somebody can provide some insight regarding the same.
regards
Saket Kapur
ronhira
10-01 04:34 PM
in the end someone is talking sense.....
more...
vvpandya
06-23 12:01 PM
If you filed 485 for her, the answer should be yes and by whom should be SELF - AOS... this is what i did for my wife and she got her H4 stamped im mumbai
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theenlightened1
06-03 06:12 AM
Hi all!
I've been trying to get a job offer from Canada for the past one year as my occupation is not on the list of occupations that have shortage. I'm a market research analyst and work online with a UK company for almost 3 years. I would love to move to Canada and have a real job and family but am at a stage where I do not know what else to do as the companies want you to be present in Canada and Canadian govt asks for a job offer to get a visa?
Very confused here. If someone got an arranged offer from Canada could you please guide on how much work experience you had and how you got an offer?
Thanks!
I've been trying to get a job offer from Canada for the past one year as my occupation is not on the list of occupations that have shortage. I'm a market research analyst and work online with a UK company for almost 3 years. I would love to move to Canada and have a real job and family but am at a stage where I do not know what else to do as the companies want you to be present in Canada and Canadian govt asks for a job offer to get a visa?
Very confused here. If someone got an arranged offer from Canada could you please guide on how much work experience you had and how you got an offer?
Thanks!
more...
meridiani.planum
09-21 11:00 PM
Hello all,
For past few months I hear some noice on the web that USCIS may be changing its policy soon by discontinuing Concurrent filing and allowing people to file I485 If I140 is approved irrespetive of visa number availability. How far this is true, have any body got more details on this ?? :confused:
there was a proposal a while ago to stop allowing concurrent filing, but I have only heard about filing of 485 without an I-140 from people who wish for that, nothing from USCIS.
Something like that requires a change in the law, its not a matter of USCIS policy
For past few months I hear some noice on the web that USCIS may be changing its policy soon by discontinuing Concurrent filing and allowing people to file I485 If I140 is approved irrespetive of visa number availability. How far this is true, have any body got more details on this ?? :confused:
there was a proposal a while ago to stop allowing concurrent filing, but I have only heard about filing of 485 without an I-140 from people who wish for that, nothing from USCIS.
Something like that requires a change in the law, its not a matter of USCIS policy
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sprash
11-03 02:02 PM
Well there are plenty of Credit Unions who offer better rates if you do a little dance for them. They offer high interest checking accounts if you do x number of debit transaction and 1 ACH (direct deposit) etc. I have accounts with 2 such CUs (ADvantis & Oregon Community CU) which give me 3.0 & 2.9% respectively.
I'd rather use those debit cards that give me a good interest rate on my SAVINGS than credit cards (like chase) who give me 2-3% on my SPENDING.
I'd rather use those debit cards that give me a good interest rate on my SAVINGS than credit cards (like chase) who give me 2-3% on my SPENDING.
more...
azambhatti
01-27 09:26 PM
Hello all,
I am a student on an I20/M1 vis
I have just recieved a new I20, and sent a form I 539 for extension of my I20.
I have my old I94, I20 etc.
It is currently under processing.
First, is there any way they can move it to another processing center? Its in the vermont center right now, and they are still processing documents from May 2008 according to CIS website.
Second, my original I94 is valid till 14 April 2009 but my original I20 is expired.
My visa is 5 years(M1 valid to 2013)
Can I go and visit my home country with the old I94(since its valid long enough) and new I20(which just got issued)??
or do I need to wait until the processing comes through?
thanks in advance.
I am a student on an I20/M1 vis
I have just recieved a new I20, and sent a form I 539 for extension of my I20.
I have my old I94, I20 etc.
It is currently under processing.
First, is there any way they can move it to another processing center? Its in the vermont center right now, and they are still processing documents from May 2008 according to CIS website.
Second, my original I94 is valid till 14 April 2009 but my original I20 is expired.
My visa is 5 years(M1 valid to 2013)
Can I go and visit my home country with the old I94(since its valid long enough) and new I20(which just got issued)??
or do I need to wait until the processing comes through?
thanks in advance.
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gveerab
08-14 12:12 AM
I got my EB3 I-140 approval after I applied my I-485 with later PD EB2. Our lawyer sent a letter to USCIS, but there is no confirmation from USCIS. Please let me know, if there is any way to check the PD.
Thx,
Veera
Thx,
Veera
more...
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martinvisalaw
02-17 03:17 PM
It's really impossible to answer this without knowing the exact employment relationship that is planned and what the denial said in detail. Presumably your employer has a lawyer who can advise on whether an appeal might be successful. It is very likely that the denial was based on there not being the correct "employer-employee" relationship. CIS issued a new memo on this last month, and there are many threads in this forum on the topic. See here also: Law Office of Elaine Martin - immigration news: consultants (http://martinvisalaw.blogspot.com/search/label/consultants).
Good luck.
Good luck.
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s416504
05-26 01:15 PM
a_yaja is 100% right. Is is upto port of entry(POE) officer to decide I-94 expiry date. Usually that will be 3 months to 6 months longer from the POE date.
more...
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HRPRO
03-25 11:30 AM
If you are still maintaining your H as long as it is above the wage on the LCA you dont have an issue. Also when your GC is appproved, you will need to make at least what was said on the labor, if not more.
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mnkaushik
02-14 10:49 AM
Question 1] Will this new H1B for Company B be valid for 3 more years (Till Feb 2011) or will this visa have to be renewed in November 2008 (remember by visa stamp for Company A is valid till Nov 2008)?
Generally you should get 3 years, if you have three years to get to the 6 year limit of H1B.
Question 2] What if I want to travel to India this October (remember by visa stamp for Company A is valid till Nov 2008)?? Can I still travel on my old visa stamp or will I need to go to embassy again in India for a new stamp
A Colleague of mine did this and did not have an issue. He went to india last Oct with his previous visa stamped in his passoort and I 797 approval of the new visa. My Company lawyers told him that he wont have any issues and he is back from his vacation and working. So i guess he did not have any issues.
What I dont know if how long was his previous visa valid for but I dont think it should matter till it is valid for sometime when you try to enter the country.
Generally you should get 3 years, if you have three years to get to the 6 year limit of H1B.
Question 2] What if I want to travel to India this October (remember by visa stamp for Company A is valid till Nov 2008)?? Can I still travel on my old visa stamp or will I need to go to embassy again in India for a new stamp
A Colleague of mine did this and did not have an issue. He went to india last Oct with his previous visa stamped in his passoort and I 797 approval of the new visa. My Company lawyers told him that he wont have any issues and he is back from his vacation and working. So i guess he did not have any issues.
What I dont know if how long was his previous visa valid for but I dont think it should matter till it is valid for sometime when you try to enter the country.
more...
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chunky
08-21 01:45 PM
can anyone send me link please
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maximus777
06-05 03:32 PM
Former president's Bill Clinton and George W. Bush were both in Canada last week. Neither one of them knew that you now require a passport to re-enter the U.S. as of June 1st, from Canada. That should give you an idea of just how tuned in these people are.
Give them a break man! They are senile old men at this point :D
Give them a break man! They are senile old men at this point :D
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gcdreamer05
01-29 02:29 PM
AP 11 days for me :) this was in dec 2008 not sure abt jan 2009 yet...
Daps
05-12 03:49 PM
Thanks, Attorney has not made any amendement but had my perm approved before H1 transfer.
vikramy
06-05 03:00 PM
You can use EAD with current employer. I think your company has to do the change your I9 form to EAD. You don't need to inform as you are not changing any company.
Hi
My H1 is valid until 2010 Feb.
I am also having EAD till 2011 June.
I have been with my employer all along.... and prefer to stay with same employer till GC.
I DONT want to apply for my H1 extension since they are asking lot of questions like Contract details etc with RFE's.
My Q is - Can i use EAD with my EXISTING employer or EAD should be used for only NEW employer based on AC21?
If i use EAD with my current employer, should i have to inform uscis(any process involved)?
Please suggest...
Thanks for any suggestions
Hi
My H1 is valid until 2010 Feb.
I am also having EAD till 2011 June.
I have been with my employer all along.... and prefer to stay with same employer till GC.
I DONT want to apply for my H1 extension since they are asking lot of questions like Contract details etc with RFE's.
My Q is - Can i use EAD with my EXISTING employer or EAD should be used for only NEW employer based on AC21?
If i use EAD with my current employer, should i have to inform uscis(any process involved)?
Please suggest...
Thanks for any suggestions
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