texanguy
08-12 02:30 PM
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JeffDG
01-23 07:38 AM
Thanks for the reply! That was very helpful .
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.
You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.
You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.
english_august
07-09 08:18 PM
Guys - you can surely spend a couple of hours. And as a bonus, you might even see yourself on the evening news :D.
It's not often that we get to talk to so many media organizations at the same place - this is really a golden opportunity, please don't let it go by.
It's not often that we get to talk to so many media organizations at the same place - this is really a golden opportunity, please don't let it go by.
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number30
04-09 01:57 PM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
Since you did not transfer your H1 you need an advance parole. You could have entered with old stamping if you had H1 transferred to the new employer. So you need a AP for travelling
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
Since you did not transfer your H1 you need an advance parole. You could have entered with old stamping if you had H1 transferred to the new employer. So you need a AP for travelling
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coopheal
01-02 06:34 PM
nice....
akred's reasoning is flawed.
no way without getting a law, priority date are going to improve.
akred's reasoning is flawed.
no way without getting a law, priority date are going to improve.
meghanap2000
09-09 03:34 PM
This is the always problem with USCIS in porting PD. In my case they have put PD as 485 application received date. The only solution to this is ..Keep your attorney in the loop and ask them to send letters repeatedly and call the customer service center repeatedly..
There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
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shahrooz
08-26 10:45 PM
Thanks for your replies. I'm 99% sure all documents should be OK since I reviewed them maybe 10 times before finally mailing them. About extension, the customer service rep told me it's technically not possible. I'm not sure what she meant by "technically" and she sounded more like an answering machine with a few pre-organized lines and sentences, and she wasn't very helpful. So funny, at one point I asked her :"Excuse me, is this a real person I'm talking to?" and she said :"Yes sir!" with a little tingle in her voice. :D
I'm going to try customer service once again tomorrow & see what happens. Maybe I get lucky and talk to someone a bit less similar to a Humanoid!
gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough. Meanwhile, I'll prepare the work experience letter and hope for the best, although whatever has happened to me in this country, has been kinda ... well, the worst.
I'm going to try customer service once again tomorrow & see what happens. Maybe I get lucky and talk to someone a bit less similar to a Humanoid!
gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough. Meanwhile, I'll prepare the work experience letter and hope for the best, although whatever has happened to me in this country, has been kinda ... well, the worst.
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crystal
09-17 01:38 PM
What is wrong if you look like grandfather , if that is the truth.
Lets accept it and move on :D
I saw those guys in the situation room. I will look like their grandfather.:mad:
Lets accept it and move on :D
I saw those guys in the situation room. I will look like their grandfather.:mad:
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la6470
06-03 09:45 PM
Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
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abhi_jais
05-02 11:31 AM
You can get the home loan from India. I bought a property couple of years back, that time SBI gave me a very good rate. You can start the application processing from their US location, they will help you with the application process. For the paperwork they will need the details about your job, and for the loan security you'll need to have someone in India who owns a property.
Personally, I wouldn't go to ICICI because I had a very bad experience with them. Also, if you are buying an apartment make sure the builder has all the approvals from the governments and from the banks. All the best!!!!!!!!!!!!!
Personally, I wouldn't go to ICICI because I had a very bad experience with them. Also, if you are buying an apartment make sure the builder has all the approvals from the governments and from the banks. All the best!!!!!!!!!!!!!
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peer123
07-18 07:25 PM
Hi Friends,
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
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raydon
10-12 10:30 AM
According to one website http://www.immigration-law.com the USCIS is working on trying to streamline processing I-140 petitions to four months by April 2009. I quote the following from the website
--------------------------------------------------------
10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
--------------------------------------------------------
Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
--------------------------------------------------------
10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
--------------------------------------------------------
Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
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hebron
03-26 02:37 PM
I agree. Could we include location also in this poll. Salary & Location.
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english_august
07-09 08:18 PM
Guys - you can surely spend a couple of hours. And as a bonus, you might even see yourself on the evening news :D.
It's not often that we get to talk to so many media organizations at the same place - this is really a golden opportunity, please don't let it go by.
It's not often that we get to talk to so many media organizations at the same place - this is really a golden opportunity, please don't let it go by.
more...
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gceverywhere
04-10 11:36 AM
This may be something that's already been addressed somewhere so my apologies in advance if that's the case
I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?
Another question is: Are we also going to get a 3-year AP?
I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?
Another question is: Are we also going to get a 3-year AP?
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rockstart
03-09 11:38 AM
Yeah I think it makes sense to fill I9 form because that way you make it clear that your intent moving forward is to be on AOS rather than H1. In case you dont do it then you are on dual status with H1 being primary status so in that case it is open to wide interpretation of CIS officers to classify it as out of status or in status.
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GCBy3000
09-01 05:00 PM
Ohh... Is there a IV Core fan club?. Let us vote for president, congressmen and senators within IV and pass this SKIL bill.
Me too need some fan.. it is getting warm in here.
Have a nice long weekend guys. It will be fire from next week in congress on the immigration bill. May be the berkeybee, logiclife will also show up and cheer us again.
Me too need some fan.. it is getting warm in here.
Have a nice long weekend guys. It will be fire from next week in congress on the immigration bill. May be the berkeybee, logiclife will also show up and cheer us again.
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permfiling
08-03 12:44 PM
Did you get your EAD / AP ?
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k_usa
08-23 08:19 PM
If you do not get an infopass, you can put your home zipcode to a different one and try so it will search the nearest ASC.
bowbow
10-29 12:01 PM
My FP was done on 10/17 but no LUD.how often they update status online?
We gave for fingerprints 5 days back but our LUD on I-485 is not yet updated. Is this common?
I-485 receipts from NSC.
Most of my friends LUD is updated within 2 days of giving finger prints.
Please post your experiences.
We gave for fingerprints 5 days back but our LUD on I-485 is not yet updated. Is this common?
I-485 receipts from NSC.
Most of my friends LUD is updated within 2 days of giving finger prints.
Please post your experiences.
bp333
11-26 09:21 AM
That is GREAT!
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
We submitted the application with checks covering the old fee, also included an additional check to make up the difference for new fee. USCIS has cashed in all the checks (new fee).
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
We submitted the application with checks covering the old fee, also included an additional check to make up the difference for new fee. USCIS has cashed in all the checks (new fee).
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