lazycis
02-13 05:27 PM
If you want IV (immigrant visa), help IV (Immigration Voice)
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logiclife
06-01 06:33 PM
No, you cannot file for I-485 unless your PD is current. This is as per the current law.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
gc_chahiye
12-10 12:40 PM
Please look at the below links, it says that one can move jobs after 180 days even without 140 being approved.
http://www.murthy.com/news/n_yatmay.html
Any comments / suggestions ?
To be safe, either your I-140 needs to be approvable right off the bat (as filed) or your employer needs to co-operate with responding to RFE etc...
Safer to wait for approval...
http://www.murthy.com/news/n_yatmay.html
Any comments / suggestions ?
To be safe, either your I-140 needs to be approvable right off the bat (as filed) or your employer needs to co-operate with responding to RFE etc...
Safer to wait for approval...
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eb3retro
04-11 09:05 PM
always efiled, never went for finger printing..follow my previous posts for more updates.
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copsmart
02-20 08:44 PM
You are not alone�
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a
raysaikat
01-20 07:47 PM
According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.
If you are talking about HIPAA, then that generally applies to group plans (offered by your employer), not individual plans that we are talking about in this thread.
If you are talking about HIPAA, then that generally applies to group plans (offered by your employer), not individual plans that we are talking about in this thread.
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andy garcia
07-30 02:11 PM
Many of us are in this situation.
Can someone throw some light based on prior experience,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
All the Receipts go to Lawyer Alone.
You will only get the EAD approval(actual card), everything else you are at the lawyer's mercy.
Can someone throw some light based on prior experience,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
All the Receipts go to Lawyer Alone.
You will only get the EAD approval(actual card), everything else you are at the lawyer's mercy.
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bang
01-09 06:43 AM
My wife had recently changed her status from H4 to H1 and had applied her SSN and got it.
So i dont think there's any new rule.
if you have a valid I94 then it should not cause any issue
Sreedhar where did you apply for SSN ? ie which city ?
So i dont think there's any new rule.
if you have a valid I94 then it should not cause any issue
Sreedhar where did you apply for SSN ? ie which city ?
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rockstart
09-08 10:48 AM
I tried and it worked. First time the call did not go through but second time it worked. Thanks for the info. Free is always sweet.
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GCwaitforever
09-12 08:15 PM
Unpaid vacation is acceptable. Consultants working on hourly basis do not get paid when they do not work. As long as you come on top of prevailing wage rate and the annual salary quoted on the LCA at the end of the year, it does not matter. USCIS understands that you need a vacation too and can not work like a machine throughout the year.
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gccovet
11-03 08:10 AM
Sorry if this question has been answered already. I searched and could not find any related threads.
My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.
My priority date is Feb 2007.
Is it a good idea to renew my H1B even though I already have My EAD?
If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?
TIA for the responses.
I agree with meridiani.planum. H1 is better then EAD, you maintain status incase of 485 denial etc.
Also, there is no cap on h1 extensions. A person can get 3 year extension only 1 time after 6th years on H1 being 140 pending > 1 year or approved and 485 pending .
I also would request you to spare some time and send in 4 letters in support of fight against AC21 cases getting denied.
for your reference, check out http://immigrationvoice.org/forum/showthread.php?t=22182
Thank you for your time,
GCCovet
My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.
My priority date is Feb 2007.
Is it a good idea to renew my H1B even though I already have My EAD?
If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?
TIA for the responses.
I agree with meridiani.planum. H1 is better then EAD, you maintain status incase of 485 denial etc.
Also, there is no cap on h1 extensions. A person can get 3 year extension only 1 time after 6th years on H1 being 140 pending > 1 year or approved and 485 pending .
I also would request you to spare some time and send in 4 letters in support of fight against AC21 cases getting denied.
for your reference, check out http://immigrationvoice.org/forum/showthread.php?t=22182
Thank you for your time,
GCCovet
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lj_rr
09-01 04:21 PM
Thanks gcwanted101.
So it looks like G639 is only for requests to USCIS and not for DOL.
Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.
Hey lj_rr
"Also for the labor copy, should the request be sent to USCIS or DOL?"
For Labor : you have to send request to DOL.
For 140 : you have to send request to USCIS.
So it looks like G639 is only for requests to USCIS and not for DOL.
Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.
Hey lj_rr
"Also for the labor copy, should the request be sent to USCIS or DOL?"
For Labor : you have to send request to DOL.
For 140 : you have to send request to USCIS.
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prav27
07-09 12:33 PM
We got RFE for my wife case too but it specifically mentioned that in the submitted report it was not cleraly mentioned if the skin test was done and so new medical form with TB Skin test( last time the Doctor just did the x-ray) needs to be submitted
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dingudi
03-07 09:42 AM
Visa stamping interview --> Feb 8th
Was asked to submit technical questionnaire and other documents as per 221g which I did
Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime
After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.
Now my question is:
---------------------------------------
I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
Then arrange for the h1B visa stamping interview at say Tijuana, Mexico which is 2 hours drive from where I live. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.
What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.
Was asked to submit technical questionnaire and other documents as per 221g which I did
Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime
After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.
Now my question is:
---------------------------------------
I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
Then arrange for the h1B visa stamping interview at say Tijuana, Mexico which is 2 hours drive from where I live. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.
What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.
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mrdelhiite
01-10 01:47 PM
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
Can you explain ur case in detail. the part "I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues." is interesting ... did u renew H1 by getting another stamp ... did u change companies on H1 after the AP travel ?
-M
Thanks
Can you explain ur case in detail. the part "I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues." is interesting ... did u renew H1 by getting another stamp ... did u change companies on H1 after the AP travel ?
-M
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GotFreedom?
07-23 05:28 PM
It varies from state to state based upon which money pool is used to pay the beneficiaries, but it is wise to not to go for it. You will show up as social burden at the time of adjudication and may affect the IOs descision while granting you the AOS approval or not.
Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.
Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.
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amoschid
07-08 09:52 PM
5 star from me too :D
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REEF�
06-11 03:59 PM
VDAMINATOR!
THAT BRA LOOKS LIKE IT WAS DRAWN WITH PHOTOSHOP!
You p0rn lover...
Look at that...the right side doesn't even have that strip. And she's wearing a white one thats just probably coming off...
Nice work :beam:!
THAT BRA LOOKS LIKE IT WAS DRAWN WITH PHOTOSHOP!
You p0rn lover...
Look at that...the right side doesn't even have that strip. And she's wearing a white one thats just probably coming off...
Nice work :beam:!
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slc_ut
01-17 11:59 AM
nirenjoshi,
When did you get the ITIN number using the letter from the bank ?
1. When you were filing taxes at the beginning of the year.
OR
2. Some other time, by using W7 form by itself.
Please respond.
When did you get the ITIN number using the letter from the bank ?
1. When you were filing taxes at the beginning of the year.
OR
2. Some other time, by using W7 form by itself.
Please respond.
gunabcd
07-17 04:48 PM
I am ashamed to read these comments coming from "highly skilled" people. Administrators please take preventive steps. We dont want some sickos malign IV. :mad: :mad:
Come on guys, we are in US not in Saudi Arabia. Such comments are made in US senate also. It's not illegal to say something like that. It was a good joke. With all due respect let me ask you, are "Highly skilled" not human being?
Still I agree that such comments should not be made, because it could become a norm, and someone someday could really cross the boundry, which could create a problem for IV.
Come on guys, we are in US not in Saudi Arabia. Such comments are made in US senate also. It's not illegal to say something like that. It was a good joke. With all due respect let me ask you, are "Highly skilled" not human being?
Still I agree that such comments should not be made, because it could become a norm, and someone someday could really cross the boundry, which could create a problem for IV.
whitecollarslave
02-06 05:27 PM
I don't think an employer can force you to repay the green card costs if you leave them as soon as you get it. That is illegal and against the law to make a foreign national pay for the costs of green card sponsorship!
I know its against the law to make the employee pay for H1-B application fees (not attorney fees). I have not heard about any law that prohibits employers from making the employees pay for green card costs. Can you provide information on where you go this information and/or point to some credible source which we can use as a reference in case we need to?
I know its against the law to make the employee pay for H1-B application fees (not attorney fees). I have not heard about any law that prohibits employers from making the employees pay for green card costs. Can you provide information on where you go this information and/or point to some credible source which we can use as a reference in case we need to?
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