belmontboy
09-10 05:55 PM
Hello gurus,
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
No, unless the withdrawl was in error from your company.
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
No, unless the withdrawl was in error from your company.
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axp817
06-27 10:04 PM
Isn't it a violation of the law, if NO reason is given while denying the 485?
The only recent case I have seen on IV was where the member got a NOID stating that the 140 was withdrawn/revoked.
So, here, a reason WAS given.
Of course, the reason might have been incorrect, as the poster seemed to think.
The only recent case I have seen on IV was where the member got a NOID stating that the 140 was withdrawn/revoked.
So, here, a reason WAS given.
Of course, the reason might have been incorrect, as the poster seemed to think.
smuggymba
09-27 03:39 PM
I have an approved I-140 and my 3-year H1-B extension is currently being processed but not in premium and has not been approved yet.
I have decided to leave the job/country and want to know if there were any consequences of leaving without the approval (current I-94 has a July 2010 expiration date). I am still working and technically in status as it is in process but the approval could take a few more months. Should I push for premium? Any advice? I would hate to have any problems with getting future visas to the US, either tourist or getting back on an H1-B.
Many thanks!
you abandon your app if you leave the country AFAIK.
I have decided to leave the job/country and want to know if there were any consequences of leaving without the approval (current I-94 has a July 2010 expiration date). I am still working and technically in status as it is in process but the approval could take a few more months. Should I push for premium? Any advice? I would hate to have any problems with getting future visas to the US, either tourist or getting back on an H1-B.
Many thanks!
you abandon your app if you leave the country AFAIK.
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copsmart
03-21 10:28 AM
Please change the title to "300 Illegal Immigrants with Criminal Records Arrested in Texas". Don't set a false alarm.
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up_guy
04-09 11:36 AM
Is it legal for an employee to pay PERM , USCIS and attorney fees for a green card processing ?
peer123
04-04 05:30 PM
I think we need reform. Current H1B system is employer dependant and make us slave. There should be more breathing space.
I agree with 100%. I am stuck in this glut for last 7 years.. it is quite frustrating
I agree with 100%. I am stuck in this glut for last 7 years.. it is quite frustrating
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shaji_p_j
08-05 12:51 AM
you may need to apply for h4 again since she used the EAD. Discussing with a good attorney who is knowledgable on this case is very important. Hope you have not used your EAD if got one. If used the issues can be worse as you may lose your h1B status as well.
Please update your case. I may also face such a sitaution . But not sure at this moment.
Which service center you applied the AOS and when?
Shaji.
My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
Please update your case. I may also face such a sitaution . But not sure at this moment.
Which service center you applied the AOS and when?
Shaji.
My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
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thomasraj
10-23 04:52 AM
:D It's amazing to hear that in US the divorced women can share her ex-husband's property. But I don't think so such things are allowed in India and I would suggest the writer to visit any one of the Indian lawyers and clarify your doubts.
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samrat_bhargava_vihari
06-19 09:05 AM
Folks,
How long does it takes to get an Advanced Parole documents after filing I485?
Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?
Thanks
Contributed $ 200
I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.
I think 4-5 months is decent time to get AP. But with current volume I am not sure.
How long does it takes to get an Advanced Parole documents after filing I485?
Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?
Thanks
Contributed $ 200
I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.
I think 4-5 months is decent time to get AP. But with current volume I am not sure.
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maddipati1
01-08 10:18 PM
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veni001
07-09 01:52 PM
Whay are you asking this question??:confused:
what are the complications of applying to eb2 if there is only 3 year degree bachelor degree? Have a masters degree from Singapore - will that be enough to qualify?
what are the complications of applying to eb2 if there is only 3 year degree bachelor degree? Have a masters degree from Singapore - will that be enough to qualify?
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milind70
10-02 04:37 PM
Do you need to apply for SSN after getting GC? i was thinking that everyone who is working already has SSN... Do you have to get new one? that does not seem right??? please advise
Raj,
You dont get a new SSN. You just remove the restrictions that is on your previous card.When u become a LPR you should get a replacement card without any restrictions.If you read my post i mentioned SSN card replacement. I am sorry it might have mislead you otherwise.
Raj,
You dont get a new SSN. You just remove the restrictions that is on your previous card.When u become a LPR you should get a replacement card without any restrictions.If you read my post i mentioned SSN card replacement. I am sorry it might have mislead you otherwise.
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milind70
07-25 10:00 AM
Hello,
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
Just make sure you show you approved 797 petition from company B ( for whom you are working ) at POE to the immigration officer so he can enter the correct employer in their system and also gives u the correct I 94 which should expire on June 20 2008.
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
Just make sure you show you approved 797 petition from company B ( for whom you are working ) at POE to the immigration officer so he can enter the correct employer in their system and also gives u the correct I 94 which should expire on June 20 2008.
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EB3June03
06-15 05:14 PM
I also have a similar case like the original poster (TexDBoy). I want to move from Boston area to somewhat warmer area.
I have not asked my employer if they would allow me to do this, but my family wants to really move out of Boston (too cold and tough winters). While, i do have a nice job where i see stability (I have been in the company since 8 years now), I would also like to see if I can get to some good companies in the southern places like Dallas, Austin, Raleigh, Atlanta...
What do you guys think?
The last poster mentions getting a LCA.. Does that mean we have to file another Labor? I already have labor and 140 cleared and my 485 is pending with June 2003 date (EB3)
I have not asked my employer if they would allow me to do this, but my family wants to really move out of Boston (too cold and tough winters). While, i do have a nice job where i see stability (I have been in the company since 8 years now), I would also like to see if I can get to some good companies in the southern places like Dallas, Austin, Raleigh, Atlanta...
What do you guys think?
The last poster mentions getting a LCA.. Does that mean we have to file another Labor? I already have labor and 140 cleared and my 485 is pending with June 2003 date (EB3)
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raysaikat
05-21 12:02 AM
I am on my 2nd phase of H1B visa which is valid until 2012.
I want to quit my job and go back to my home country.
How long after I quit my job do I get to stay here to wrap up and ship my stuff??
Does that jeopardize my status? I plan to be here for about 30 days after quitting my job. WOuld that be ok? or is it overstaying?
If I ever need to apply for a tourist visa in future will this jeopardize my chances of getting a visa then?
Thank you!
You have no grace period for staying after your H1-B status becomes invalid (which I believe would happen when you quit your job).
I want to quit my job and go back to my home country.
How long after I quit my job do I get to stay here to wrap up and ship my stuff??
Does that jeopardize my status? I plan to be here for about 30 days after quitting my job. WOuld that be ok? or is it overstaying?
If I ever need to apply for a tourist visa in future will this jeopardize my chances of getting a visa then?
Thank you!
You have no grace period for staying after your H1-B status becomes invalid (which I believe would happen when you quit your job).
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andhrawala
05-25 08:12 AM
I want to travel to India on Advanced Parole and faced with a dilemma whether to take the risk based on my situation.
I have worked with Company A (Vision Systems) which was indicted in visa fraud last year. They have applied for H1 extension but the extension approval never came. As a result My H1 expired in july 2009 and I have worked till November 2009 with the H1 being pending. Afterwards I moved to another company and started working with them on EAD (applied GC for future employment) and Company A revoked my pending H1.
My concern is Will I be considered for unauthorized employment for the period of my work with Company A while my H1 was pending from July to Nov 2009.
I have heard that all these things will be checked at the port of entry while entering on AP. Also, since I worked with Company A which was indicted in visa fraud will it trigger any flags to the officers even though I am not with that company right now.
I would like to take your advice about this.
I have worked with Company A (Vision Systems) which was indicted in visa fraud last year. They have applied for H1 extension but the extension approval never came. As a result My H1 expired in july 2009 and I have worked till November 2009 with the H1 being pending. Afterwards I moved to another company and started working with them on EAD (applied GC for future employment) and Company A revoked my pending H1.
My concern is Will I be considered for unauthorized employment for the period of my work with Company A while my H1 was pending from July to Nov 2009.
I have heard that all these things will be checked at the port of entry while entering on AP. Also, since I worked with Company A which was indicted in visa fraud will it trigger any flags to the officers even though I am not with that company right now.
I would like to take your advice about this.
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gc_kaavaali
07-09 12:25 PM
I don't think it is true.
google
http://wiki.answers.com/Q/How_long_can_a_US_citizen_stay_abroad
http://wiki.answers.com/Q/How_long_can_a_US_citizen_stay_abroad
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maximus777
08-25 12:28 AM
A friend of mine has PhD in aeronautics from a top tier university here in US. He will be soon starting teaching in a university and planning to file his GC under EB-1.
Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
Since he is born in India so reluctant to file under EB-2 due to endless wait.
Depends on whether the role for which he is applying requires a PhD or not. Once again, consult a good lawyer.
Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
Since he is born in India so reluctant to file under EB-2 due to endless wait.
Depends on whether the role for which he is applying requires a PhD or not. Once again, consult a good lawyer.
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mach1343
12-15 05:22 PM
I have to work 20 hrs per week part time apart from my full time 40hrs per week. Since I am not working 35 hrs per week as you said does this mean my GC process will have a effect?
probe
09-04 02:19 PM
Thanks for your response
WaitingUnlimited
08-25 02:50 AM
Hi,
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
