vallabhu
06-11 03:31 PM
Do they assume that if you are in 7th year you can use your labor which you used for H1 7th year extension.
what about if i140 is denied on the previous labor and one cannot use that labor any more.
are all these bullet point are "ors" or "ands" does one has to staisfy all three conditions?
what about if i140 is denied on the previous labor and one cannot use that labor any more.
are all these bullet point are "ors" or "ands" does one has to staisfy all three conditions?
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snathan
05-04 01:45 PM
Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D
When the employe and employer are two different entity...why can not?
I will have a very good employer- employe relationship...:D
When the employe and employer are two different entity...why can not?
I will have a very good employer- employe relationship...:D
ASingh10
07-26 09:16 AM
Thank you all for your replies.
ASingh
ASingh
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tdasara
11-20 12:57 AM
How long does it take for DATV (UK Transit Visa) to be approved? I'll be mailing my biometrics and application early next week and travel just before Christmas.
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karanp25
06-13 10:10 PM
Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
Were you qualified to file EB2 on the date your EB3 LC was filed? This is preposterous and i agree with earlier postings that EB3---> EB2 conversion should not be allowed. If you want eB2--then you should get a later priority date when u indeed became eligible for EB2.
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
Were you qualified to file EB2 on the date your EB3 LC was filed? This is preposterous and i agree with earlier postings that EB3---> EB2 conversion should not be allowed. If you want eB2--then you should get a later priority date when u indeed became eligible for EB2.
sweet_jungle
12-04 02:15 PM
Interesting, looks like all these cases got approved ??
This year in August, most of the WAC I-485 cases were given an unfair beating and were largely neglected in the approvals. Most of these cases are not current now but many will become again next year. So, based on this year's experience, we need to prepare so that we do not again get beaten up. By WAC I-485 cases, I mean cases filed in July 2007 in NSC but were receipted at CSC and sent back to NSC. In g neral, it applies to all cases which were transferred between centers
There were mainly 2 issues faced:
1) Biometrics for these cases do not get attached to file. Reason is when we do the biometrics, the results are sent to CSC because the case number starts with WAC. The results do not automatically get transmitted to NSC. Most of us had to make phone calls to make it happen. By that time, precious time was lost and the visa numbers got over.
The issue will now again come up as most of our fingerprints are approaching 15 month expiry. So, when we again do biometrics in the next few months, the results will remain stuck at CSC.When in July/August in 2009 , we will become current again, our cases will not get picked due to lack of biometrics. So, how do we go about fixing the problem? Writing to ombudsman? I am looking for suggestions. I did write to ombudsman and got some standard response.
2) Second issue faced was inability to file service requests. Even though processing dates were more than 30 days from receipt date, the system was not allowing filing of SRs as it was taking the reps. to CSC 485 processing times which are stuck at 2006. This is totally unfair and if a LIN person is able to file SR we should get the same right. True, SRs often invoke some useless response. But, if PD and RD are current, it can be quite useful.
So, I am asking for suggestions for tacking the above problems so that we can be prepared for next year. The time to act is now.
This year in August, most of the WAC I-485 cases were given an unfair beating and were largely neglected in the approvals. Most of these cases are not current now but many will become again next year. So, based on this year's experience, we need to prepare so that we do not again get beaten up. By WAC I-485 cases, I mean cases filed in July 2007 in NSC but were receipted at CSC and sent back to NSC. In g neral, it applies to all cases which were transferred between centers
There were mainly 2 issues faced:
1) Biometrics for these cases do not get attached to file. Reason is when we do the biometrics, the results are sent to CSC because the case number starts with WAC. The results do not automatically get transmitted to NSC. Most of us had to make phone calls to make it happen. By that time, precious time was lost and the visa numbers got over.
The issue will now again come up as most of our fingerprints are approaching 15 month expiry. So, when we again do biometrics in the next few months, the results will remain stuck at CSC.When in July/August in 2009 , we will become current again, our cases will not get picked due to lack of biometrics. So, how do we go about fixing the problem? Writing to ombudsman? I am looking for suggestions. I did write to ombudsman and got some standard response.
2) Second issue faced was inability to file service requests. Even though processing dates were more than 30 days from receipt date, the system was not allowing filing of SRs as it was taking the reps. to CSC 485 processing times which are stuck at 2006. This is totally unfair and if a LIN person is able to file SR we should get the same right. True, SRs often invoke some useless response. But, if PD and RD are current, it can be quite useful.
So, I am asking for suggestions for tacking the above problems so that we can be prepared for next year. The time to act is now.
more...
sbabunle
08-24 06:41 PM
Hello GreatGuy
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
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gc_chahiye
02-11 01:28 AM
Also, there is no way that they can reduce the backlog if they end up waiting for the PDs to be current.
I think you missed the point: if no PD is current, then there are no backlogs.
If a case cannot be approved because it exceeds the regulatory requirements, it wont count as a backlogged case. It will sit there, gathering dust, but wont be counted in any of these stats...
I think you missed the point: if no PD is current, then there are no backlogs.
If a case cannot be approved because it exceeds the regulatory requirements, it wont count as a backlogged case. It will sit there, gathering dust, but wont be counted in any of these stats...
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BeCoolGuy
04-16 09:46 AM
EAD/AP is personal choice. Employer can only govern what he has under his control - which is LC and I-140. He cannot chose to not allow EAD or AP, and you are not obliged to inform him. Good employers sponsor everything and the rest dont. But legally (i am not a lawyer though), they cannot do anything with you if you apply for EAD and keep it as a backup. Yes, if you chose to use your EAD to do extra work in addition to your employer's it may come against company policy. But if you intend to just keep it as a backup, there is nothing wrong..
Go to USCIS efile website and file it on your own (EAD and AP).
Gudluck
Go to USCIS efile website and file it on your own (EAD and AP).
Gudluck
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QuickGreenCard
09-15 09:48 PM
I have filed for EAD & AP by mail. AP got approved before EAD and the approval was put in the mail. While waiting to receive AP approval, EAD got approved and the approval was put in the mail.
I have received the EAD card and not the AP approval so far. Its been about 30 days since the AP approval was put in the mail.
I called couple of times to see if they can re-send it. Both the times they said, if you have not moved since you applied the petition and has not received the approval then you should re-file all over.
How far is this correct?
Has anyone faced this kind of stuff???
Thanks
SRI
I have received the EAD card and not the AP approval so far. Its been about 30 days since the AP approval was put in the mail.
I called couple of times to see if they can re-send it. Both the times they said, if you have not moved since you applied the petition and has not received the approval then you should re-file all over.
How far is this correct?
Has anyone faced this kind of stuff???
Thanks
SRI
more...
cnachu2
02-04 01:15 PM
Yes i did. It was the same way for my dad when i was on H-1B.
I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.
He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.
I hope this helps.
GO IV GO. TOGETHER WE CAN.
Hi,
I am also planning to send papers for my father. now i am on AOS with I485, i changed the employer, but didn't file AC21. will it be an issue if i send papers to my father without filing AC21? You says you used AC21, that means did you file AC21?
Thanks,
Chandra.
I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.
He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.
I hope this helps.
GO IV GO. TOGETHER WE CAN.
Hi,
I am also planning to send papers for my father. now i am on AOS with I485, i changed the employer, but didn't file AC21. will it be an issue if i send papers to my father without filing AC21? You says you used AC21, that means did you file AC21?
Thanks,
Chandra.
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sbeyyala
06-23 06:11 PM
Hi,
I e-mailed to jay@immigrationvoice.org, I am from Orange county.
I e-mailed to jay@immigrationvoice.org, I am from Orange county.
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aj_jadeja
09-20 04:25 PM
the link wouldn't have helped ya
coz the link would also show the same date.
Regardless of i clickin on the emergency or the normal link i always got the same date :eek: :eek: :eek: :eek:
so decided not to travel:(
now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.
cheers
coz the link would also show the same date.
Regardless of i clickin on the emergency or the normal link i always got the same date :eek: :eek: :eek: :eek:
so decided not to travel:(
now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.
cheers
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getgreensoon1
05-11 02:27 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
more...
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mangelschots
07-16 01:33 AM
Is yours EB2?
EB3 ROW
PD March 2004
I-140 filed Dec 2006
I-485 filed June 25 07
Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
Will have to wait another 2 weeks to know the facts.
What happens on these dates (Jul 18 for Nebraska) ?
EB3 ROW
PD March 2004
I-140 filed Dec 2006
I-485 filed June 25 07
Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
Will have to wait another 2 weeks to know the facts.
What happens on these dates (Jul 18 for Nebraska) ?
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anai
09-18 10:31 AM
Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Thanks to the two other posters, for their informative replies.
Here's a follow up. I just called USCIS to discover the following:
About two years ago, we moved and filed AR-11s. The address in their system shows a mix of old and new for me (whereas the address is right for my dear wife). And my card was sent to this incorrect address. What should happen next is that the card will be returned to them and then get mailed out again, but this time with the correct address. What will happen in reality is anybody's guess.
Updating here in case this is helpful to anyone else.
By now I am so used to having a constant 'green card concern' gnawing on a corner of the mind. We've probably grown so fond of each other over the years that even after 485 approval, it lingers on.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Thanks to the two other posters, for their informative replies.
Here's a follow up. I just called USCIS to discover the following:
About two years ago, we moved and filed AR-11s. The address in their system shows a mix of old and new for me (whereas the address is right for my dear wife). And my card was sent to this incorrect address. What should happen next is that the card will be returned to them and then get mailed out again, but this time with the correct address. What will happen in reality is anybody's guess.
Updating here in case this is helpful to anyone else.
By now I am so used to having a constant 'green card concern' gnawing on a corner of the mind. We've probably grown so fond of each other over the years that even after 485 approval, it lingers on.
more...
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mrcmic
07-24 07:19 PM
The lawyer also delivered other case using UPS and they already got receipts.
If I have to resubmit, I will use USPS to the PO.Box My attorney uses Fedex and we get receipts on time.
I would recommend to use Fedex instead of UPS.
If I have to resubmit, I will use USPS to the PO.Box My attorney uses Fedex and we get receipts on time.
I would recommend to use Fedex instead of UPS.
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shana04
02-01 06:21 AM
I am planning to use AC21 and would like to change attorney for my 485 (along with my spouse). Please suggest a good immirgation attorney.
Also provide feed back if you have any experience.
I am planning for Rajiv kahanna, even though he is bit expensive.
Thanks in advance.
Also provide feed back if you have any experience.
I am planning for Rajiv kahanna, even though he is bit expensive.
Thanks in advance.
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abhisam
07-25 03:47 PM
this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.
so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.
so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.
meridiani.planum
06-20 12:24 PM
Can someone who used Advance Parole to travel back to USA extend his H1.
Candidate has H1 valid while coming back and also worked on H1 after coming back.
yes, Even if you used your AP to travel back to US, you can come back and file an H1 extension.
Candidate has H1 valid while coming back and also worked on H1 after coming back.
yes, Even if you used your AP to travel back to US, you can come back and file an H1 extension.
chi_shark
10-08 10:27 AM
stock trading for yourself on your personal account is no issues... if you setup a corp and do it through that corp, then you need a secondary H1 B...
Guys,
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
Guys,
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
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