fromnaija
02-10 10:49 AM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
You may want to ask your attorney this question.
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
You may want to ask your attorney this question.
mrajatish
03-25 12:10 PM
Again, I want to point somethingout and that is because I myself work in that field - there are people with MS in Computer Science working in core Systems which require their Masters degree knowledge. So, it is not like IT is not included, people with masters in Computer Science is included in STEM.
GreeNever
02-08 03:46 PM
... I'm reminded of a popular interview in which a well-noted singer was asked as to how he managed to wed a stunning model. All that he had to say was "I just asked" ..
Hey, U never know..so let's just do it ;) ..
Hey, U never know..so let's just do it ;) ..
willwin
06-30 02:03 PM
Pappu,
Now, is this an indication that the chances are in favorable of a the bills not passing before the new government?
Can you atleast say which way it is going? People awaiting reform can relax for 6 months as well.
I see few volunteers encouraging members to call representatives and also help IV by contributing financially - and they update the forum almost every 5 minutes (thanks to their dedication) - but if the efforts are not going to materialize NOW - should we not relax until the time was appropriate?
Correct me if I was wrong.
Now, is this an indication that the chances are in favorable of a the bills not passing before the new government?
Can you atleast say which way it is going? People awaiting reform can relax for 6 months as well.
I see few volunteers encouraging members to call representatives and also help IV by contributing financially - and they update the forum almost every 5 minutes (thanks to their dedication) - but if the efforts are not going to materialize NOW - should we not relax until the time was appropriate?
Correct me if I was wrong.
more...
kart2007
11-18 07:55 PM
its down, so .. so what? how does it matter?
Did you even read my first post?
No one would like their documents delivered to a wrong address, sent back and lost in mail etc?
Did you even read my first post?
No one would like their documents delivered to a wrong address, sent back and lost in mail etc?
boreal
08-24 12:29 AM
Hi, I have 3 yrs exp. as a software engineer. I have a master's degree . In order to be qualified for EB2, which is better to be put on the job ad, BS+5 or MS+2? Based on my understanding:
BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?
MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.
Could you please give me advice on this? I really appreciate that.
Thanks.
Job requirement should not be tailored according to the qualifications of the individual. They should reflect the true nature of the job. Please dont ask such questions here and bring this forum to a disrepute.
BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?
MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.
Could you please give me advice on this? I really appreciate that.
Thanks.
Job requirement should not be tailored according to the qualifications of the individual. They should reflect the true nature of the job. Please dont ask such questions here and bring this forum to a disrepute.
more...
kaisersose
07-26 11:14 AM
I havenot received the I-485 receipt yet , is it mandatory?
I would think so. Better to wait for a couple of weeks and apply for your EAD along with the 485 receipt.
I would think so. Better to wait for a couple of weeks and apply for your EAD along with the 485 receipt.
Ramba
04-09 07:12 PM
That is Wrong. He can enter on H1 still maintain I-485. H1 can be from any compnay.There is reason why H1 is called as dual intent visa.
Read carefully. If a person not maintaining H/L/K/V status just before leaving US (and maintaining only AOS) and left the country without perior approval of AP, is considered he/she abondened the 485. Thats all. After abondment of 485, it does not matter how he re-enters. He can enter on J1, B1, H1. It does not matter.
One MUST NOT leave US with out approval of AP, if he/she maintains only AOS. Only H/L/K/V status holders can leave USA without obtaining AP, and continue to remain in that status after arrival. All others must get AP. Ofcouses, this guy lost his H1 status, after leaving his previous employer and working on EAD.
So do not post wrong info...
Read carefully. If a person not maintaining H/L/K/V status just before leaving US (and maintaining only AOS) and left the country without perior approval of AP, is considered he/she abondened the 485. Thats all. After abondment of 485, it does not matter how he re-enters. He can enter on J1, B1, H1. It does not matter.
One MUST NOT leave US with out approval of AP, if he/she maintains only AOS. Only H/L/K/V status holders can leave USA without obtaining AP, and continue to remain in that status after arrival. All others must get AP. Ofcouses, this guy lost his H1 status, after leaving his previous employer and working on EAD.
So do not post wrong info...
more...
pthoko
08-12 12:49 PM
I think in your case it's OK
shana04
08-05 01:50 AM
Dear IVans,
After opening 3 SR's and letter through Attorney and finally infopass appointment (not yet done) got the FP notice for my self today (for the first time and applied for EAD renewal).
My dependent (my spouse) has not received her FP notice yet.
Questions:
1. FP is scheduled for Aug 16 2008 (which is Saturday) and is it common to have FP notice scheduled over the weekend in Dallas TX.
2. My spouse did not receive her FP notice, can I take her along with me for the appointment with all the Recipts (I mean all the req docs), will that work
3. And I have infopass appointment on Aug 12 would that help in finiding more details about my case?
Gurus, Please answers/provide your experience/suggestions to the above questions.
Last but not the least, I would like to thank all those who have suggested me in opening SR, take help of attorney, and to take infopass.
I would also like to thank (posted on other thread) who has suggested to called FBI to find out details, which has really helped me.
Hope this completes my cases.
Good luck to all and my best wished to every one (EB2 & EB3) mates.
After opening 3 SR's and letter through Attorney and finally infopass appointment (not yet done) got the FP notice for my self today (for the first time and applied for EAD renewal).
My dependent (my spouse) has not received her FP notice yet.
Questions:
1. FP is scheduled for Aug 16 2008 (which is Saturday) and is it common to have FP notice scheduled over the weekend in Dallas TX.
2. My spouse did not receive her FP notice, can I take her along with me for the appointment with all the Recipts (I mean all the req docs), will that work
3. And I have infopass appointment on Aug 12 would that help in finiding more details about my case?
Gurus, Please answers/provide your experience/suggestions to the above questions.
Last but not the least, I would like to thank all those who have suggested me in opening SR, take help of attorney, and to take infopass.
I would also like to thank (posted on other thread) who has suggested to called FBI to find out details, which has really helped me.
Hope this completes my cases.
Good luck to all and my best wished to every one (EB2 & EB3) mates.
more...
kaisersose
07-02 03:26 PM
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
You cannot sue them for any of the above.
1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.
2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.
3) See (2)
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
You cannot sue them for any of the above.
1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.
2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.
3) See (2)
ramaonline
08-28 02:56 PM
For e-filed I131 this is all you need to mail:
Confirmation receipt which you got after submitting the application
copy of i485 Receipt notice
2 recent color photos
a copy of any govt issued identity document (visa , pp biographic page, ead card, etc)
current i94 copy
Confirmation receipt which you got after submitting the application
copy of i485 Receipt notice
2 recent color photos
a copy of any govt issued identity document (visa , pp biographic page, ead card, etc)
current i94 copy
more...
smari
09-08 04:43 PM
How about birth certificate stating initial and First name (not first name and last name). Any sugestions?
wonderlust
07-18 05:12 PM
Hi. I realized that I made a mistake when filling out the I 485 Part Three:
I posted this at the wrong spot initially. Sorry.
I made a mistake on the I485 form Part Three Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
I posted this at the wrong spot initially. Sorry.
I made a mistake on the I485 form Part Three Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
more...
hoolahoous
01-14 10:34 AM
i also find it disturbing that USCIS is trying to define its own definition of employer-employee relationship. As long as a company pays a person, that person is employee. They have no right to demand that there needs to be immediate supervisor from same company onsite or that company needs to provide the itinerary for employee.
I know job market is bad, but hunting down H1b's is not going to make it better.
I know job market is bad, but hunting down H1b's is not going to make it better.
H1Girl
02-27 01:08 PM
Mostly my question was misunderstood...
I am not asking about Visa Bulletin etc. I know about VB. I am also not asking about porting EB3 to EB2. My question is very very simple...
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
I am not asking about Visa Bulletin etc. I know about VB. I am also not asking about porting EB3 to EB2. My question is very very simple...
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
more...
Lollerskater
09-25 01:57 PM
Usually when a lawyer gets blacklisted, there's lots of chaos. The lawyer's new reputation spreads like wildfire and there's a lot of staff changed. A lot of clients fall out.
In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.
All of them told me the same story. Too many miracles, case got investigated, blacklisted.
Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.
In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.
All of them told me the same story. Too many miracles, case got investigated, blacklisted.
Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.
meridiani.planum
02-22 11:03 AM
Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.
If the reason you are trying to keep the accounts open is because you want to maintain some money in dollars, one option is to open an FCNR account with some Indian bank (SBI for instance). They'll keep your deposit in dollars, and it also remains repatriable (in case you decide that you want that money when in India). The interest rates are also not that bad.
Accounts without any activity are typically marked inactive by banks and they'll try to contact you about it (after ~2 years or so). One workaround is to do online transfers among the bank accounts.
One thing though: your money will be earning interest in the US so you would want to ask a tax consultant whether there is any tax implication of this (ie. are you required to file a return)
If the reason you are trying to keep the accounts open is because you want to maintain some money in dollars, one option is to open an FCNR account with some Indian bank (SBI for instance). They'll keep your deposit in dollars, and it also remains repatriable (in case you decide that you want that money when in India). The interest rates are also not that bad.
Accounts without any activity are typically marked inactive by banks and they'll try to contact you about it (after ~2 years or so). One workaround is to do online transfers among the bank accounts.
One thing though: your money will be earning interest in the US so you would want to ask a tax consultant whether there is any tax implication of this (ie. are you required to file a return)
nixstor
09-23 04:46 PM
You might get soft LUD's or hard LUD's. Even if CIS wanted to approve your application and requested for a visa number from DOS, DOS systems are not going to assign any visa number because DOS made them U and the case will have a pending visa number status. If there was any chance for overflow, we would have seen some date rather than U.
snathan
07-23 11:43 AM
I would advise you to minimise the risk rather than money. May be you can start the GC for future employment. It will take time to do the PERM process and in the mean time you can complete your current project also.
1. Start the H1 transfer and GC process now itself.
2. Stay with your current employer until the project is over.
3. Take the money and join the new company at end of six month if everything goes smooth.
By doing this you get the money and also minimise the risk with new employer. But you need to get the consultant who is ready to do this.
1. Start the H1 transfer and GC process now itself.
2. Stay with your current employer until the project is over.
3. Take the money and join the new company at end of six month if everything goes smooth.
By doing this you get the money and also minimise the risk with new employer. But you need to get the consultant who is ready to do this.
chvs2000@yahoo.com
08-17 10:05 PM
^^^^