posmd
03-28 08:24 PM
posmd,
If we're able to make every category current, then this amendment for filing I-485 will be moot. But then again our goals will have to tempered with ground reality. While we're fighting very hard against the hard country limit, there is no guarantee that it will be revoked. In the house-senate conference again, we cannot be sure that all of the exemptions like the ones for Dependents, STEM will not be stripped. So there is a very high chance that priority dates are not going to become current. So with that in mind, we need to make sure that atleast our life during the time that we're waiting for GC is much easier.
I agree with you on the above. I already stated if we get that and nothing else it should still be considered to be some kind of victory.
I was merely responding to that sentiment that it is the number one priority. I just believe that an end to retrogression and the hard country limits should be that. I think you guys are on the right line of thinking.
I want to congratulate you on your excellent work. We all do sincerely appreciate your efforts.
If we're able to make every category current, then this amendment for filing I-485 will be moot. But then again our goals will have to tempered with ground reality. While we're fighting very hard against the hard country limit, there is no guarantee that it will be revoked. In the house-senate conference again, we cannot be sure that all of the exemptions like the ones for Dependents, STEM will not be stripped. So there is a very high chance that priority dates are not going to become current. So with that in mind, we need to make sure that atleast our life during the time that we're waiting for GC is much easier.
I agree with you on the above. I already stated if we get that and nothing else it should still be considered to be some kind of victory.
I was merely responding to that sentiment that it is the number one priority. I just believe that an end to retrogression and the hard country limits should be that. I think you guys are on the right line of thinking.
I want to congratulate you on your excellent work. We all do sincerely appreciate your efforts.
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gparr
April 16th, 2004, 03:01 PM
I like the first one best.
Gary
Gary
sixburgh
08-13 10:46 AM
History:
- My h1 stamp on passport was expired, but my H1 renewal has always been done and was valid at all times.
- Wife had entered USA on H4 (2005)
- In July 2007, we both got a chance to apply for 485, EAD and AP
- Since then I switched to EAD, wife too started working on EAD
- But my company also kept renewing my H1
- During the last H1 renewal, in-house immigration lawyer suggested that I should renew my wife's H4 too and we sent both renewal requests in the same package.
- We both received our h1 and h4 notices.
- Now it was time for me, to go to India for visiting my parents. I recently had applied and received my AP. When I asked my lawyer what should I use to re-enter USA, he suggested that even though I am on EAD, since I already have an H1 approval document, I should go to US consulate in India, get a H1 stamp and re-enter on H1.
- This is what I did, I got a stamp and entered USA now on H1.
- Note that my wife continued to remain in USA and worked on EAD.
- Please also note that our EAD's are expiring soon and I am still waiting for them to arrive from NSC.
- Since I entered on H1 and now using H1 on i9, I wont use my EAD, I will just keep it handy for any possible future use
- But once wife gets EAD, she will continue to use it to work.
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
(My understanding is that, unless one re-enters BACK into the USA on h1 or h4, no automatic switch is possible)
(I am also under this impression that unless I really file for a CHANGE OF STATUS form, specifically stating that my wife wants to change status to H4, she will continue to be under AOS/EAD)
Someone in my office is scaring me that by merely renewing her H4, I have switched her to H4 and that since the renewal arrived, her working has created something called "illegally working on H4".
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
- My h1 stamp on passport was expired, but my H1 renewal has always been done and was valid at all times.
- Wife had entered USA on H4 (2005)
- In July 2007, we both got a chance to apply for 485, EAD and AP
- Since then I switched to EAD, wife too started working on EAD
- But my company also kept renewing my H1
- During the last H1 renewal, in-house immigration lawyer suggested that I should renew my wife's H4 too and we sent both renewal requests in the same package.
- We both received our h1 and h4 notices.
- Now it was time for me, to go to India for visiting my parents. I recently had applied and received my AP. When I asked my lawyer what should I use to re-enter USA, he suggested that even though I am on EAD, since I already have an H1 approval document, I should go to US consulate in India, get a H1 stamp and re-enter on H1.
- This is what I did, I got a stamp and entered USA now on H1.
- Note that my wife continued to remain in USA and worked on EAD.
- Please also note that our EAD's are expiring soon and I am still waiting for them to arrive from NSC.
- Since I entered on H1 and now using H1 on i9, I wont use my EAD, I will just keep it handy for any possible future use
- But once wife gets EAD, she will continue to use it to work.
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
(My understanding is that, unless one re-enters BACK into the USA on h1 or h4, no automatic switch is possible)
(I am also under this impression that unless I really file for a CHANGE OF STATUS form, specifically stating that my wife wants to change status to H4, she will continue to be under AOS/EAD)
Someone in my office is scaring me that by merely renewing her H4, I have switched her to H4 and that since the renewal arrived, her working has created something called "illegally working on H4".
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
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dfwhunt
05-22 11:54 AM
Yes, if they can file their 485 after June10..there will be certainely some more movement of PDs...
more...
Wish_Good
10-14 03:04 PM
Hi All,
Right now Iam working with company A.
My old pending labor got approved with my
previous employer. Can I file I-140 from my previous
employer.
Looking into the present situation. Senior's
please give your valuable advice.
Thanks,
Right now Iam working with company A.
My old pending labor got approved with my
previous employer. Can I file I-140 from my previous
employer.
Looking into the present situation. Senior's
please give your valuable advice.
Thanks,
aj130346
03-15 08:29 PM
My comany is filing a second LC under PERM for a substantially different job position and job location.
My first LC ( PD Oct 2004) was filed in TR. My LC is "in Process" at PBEC. No I-140 yet. I am from India
The question is: Once the PERM LC gets approved, and I140 ( second LC) approved, can the first PD ( Oct 2004) PD be retained??
Thanks for your responses
My first LC ( PD Oct 2004) was filed in TR. My LC is "in Process" at PBEC. No I-140 yet. I am from India
The question is: Once the PERM LC gets approved, and I140 ( second LC) approved, can the first PD ( Oct 2004) PD be retained??
Thanks for your responses
more...
rahul2699
05-16 08:50 AM
Hi
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
While applying for H-1 extension/initial filing/transfer one has to specify whether they are requesting a change/extend status or they prefer consular processing. The difference is when the change/extend status is requested, an I-94 is appended to the approval (I-797A) which gives an individual right to stay in the country with out getting a visa stamped.
Consular Processing means one has to go to a US consulate in a foreign country/country of birth to get visa stamped before the H-1 approval (I-797B) can be used to work. I believe portability act suggests that one can start working for the new company while transfer is in progress with out having to wait for the approval. Hope this answers your question.
** Not a legal advice
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
While applying for H-1 extension/initial filing/transfer one has to specify whether they are requesting a change/extend status or they prefer consular processing. The difference is when the change/extend status is requested, an I-94 is appended to the approval (I-797A) which gives an individual right to stay in the country with out getting a visa stamped.
Consular Processing means one has to go to a US consulate in a foreign country/country of birth to get visa stamped before the H-1 approval (I-797B) can be used to work. I believe portability act suggests that one can start working for the new company while transfer is in progress with out having to wait for the approval. Hope this answers your question.
** Not a legal advice
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Siboo
07-30 03:35 PM
When do you get FP notices?
Within 4-10 days, after the USCIS sent the FP notice.
Within 4-10 days, after the USCIS sent the FP notice.
more...
franklin
08-12 02:37 AM
Yes, everyone's numbers will be unique
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ziggy7bs
03-19 12:17 PM
I have already started procedure for filing a new PERM. Nothing will work the lawyer said. We have to file a new PERM.
try your senator. I might work. they have special staff at uscis. i am going to try it and see if they can get uscis to accept I-140.
try your senator. I might work. they have special staff at uscis. i am going to try it and see if they can get uscis to accept I-140.
more...
indianindian2006
06-22 06:53 PM
I was thinking on how USCIS may be working.. heres my thought.
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
Good one......:D
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
Good one......:D
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snowcatcher
05-22 08:02 AM
I believe this is the transcript of the article that was referred above. It says March 2006 on it and it was done for House Subcommitee on immigration. Hope this link works.
http://www.nfap.com/researchactivities/articles/Testimony033006.pdf
http://www.nfap.com/researchactivities/articles/Testimony033006.pdf
more...
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mihird
05-21 10:49 PM
I think, the PD should reset to the day the substition is done and not to the day the original labor was filed...otherwise it is unfair by all means..
But, I agree, we have bigger fish to fry...labor substitions probably only account for 1-5% of all cases...
I don't see any solution to visa retrogression...its just a way to control the number of people immigrating in...and if more people intend to immigrate from certain countries, their applications are bound to be backlogged...
Most of the current immigration debate is centered around illegal aliens and it has all to do with the Hispanic vote etc.
The only solace we can have is that if they do decide to grant amnesty to certain illegals, either they will be put behind the queue of legals, or we legals will first be pushed forward and then visa numbers made available to the illegals..
If illegals get priority in the visa number allocation, there will be plenty of uproar and finger pointing....I don't think the current administration would be able to pull something like that off..and in all insanity, if they do something like that, I will be the first one to join that queue of illegals :-)
But, I agree, we have bigger fish to fry...labor substitions probably only account for 1-5% of all cases...
I don't see any solution to visa retrogression...its just a way to control the number of people immigrating in...and if more people intend to immigrate from certain countries, their applications are bound to be backlogged...
Most of the current immigration debate is centered around illegal aliens and it has all to do with the Hispanic vote etc.
The only solace we can have is that if they do decide to grant amnesty to certain illegals, either they will be put behind the queue of legals, or we legals will first be pushed forward and then visa numbers made available to the illegals..
If illegals get priority in the visa number allocation, there will be plenty of uproar and finger pointing....I don't think the current administration would be able to pull something like that off..and in all insanity, if they do something like that, I will be the first one to join that queue of illegals :-)
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shx
03-31 06:14 PM
Its almost common knowledge that most of L1s are given to rank and file employees. Out of all the L1 people that I know, there's not even one that can be said to possess specialized knowledge. I'm sure there are a few legitimate L1 cases.
Don't give me this divide and conquer crap. A loophole is a loophole and it needs to be plugged, be it H1 or L1.
Don't give me this divide and conquer crap. A loophole is a loophole and it needs to be plugged, be it H1 or L1.
more...
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binadh
07-09 02:24 PM
OK. Thanks for your advise. I guess I can not do much about this. I'll try to butter him up to get what he promised. We'll see. Thanks.
Don't let your emotions cloud your judgment.
Don't let your emotions cloud your judgment.
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21stIcon
09-21 11:21 AM
RTC is going to buy mortgage paper for market rate not for actual worth which would destroy banks balance sheets and dollar value.
Housing market did not stabilize until 1995, housing picked up due to late 1990's IT boom , so RTC would not stop plunging housing market , housing correction still years away.
anticipate sluggish GDP for years which would translate into bad income growth, housing would not improve when personal income deflates.
Housing market did not stabilize until 1995, housing picked up due to late 1990's IT boom , so RTC would not stop plunging housing market , housing correction still years away.
anticipate sluggish GDP for years which would translate into bad income growth, housing would not improve when personal income deflates.
more...
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raghuram
11-10 12:46 PM
one of my friends took insurance for his parents from
http://.org/page3.html
covers PRE-EXISITING Conditions as well
's plan is from AIG.
Therefore be very careful, given AIG's condition recently. Even today, government gave $40 billion for AIG to survive. http://news.yahoo.com/s/ap/20081110/ap_on_bi_ge/aig_bailout
Please note that it is completely misleading when advertises that it is on a non-profit basis. It is like saying Ford Mustang car is sponsored by Ford Foundation, a non-profit organization. Just because Ford owners have a charity organization on the side does not make the entire Ford Motor Company non-profit organization. The same way existance of India Network Foundation does not make 's entire insurance business non-profit.
Find out the complete details and reality of KV Rao Insurance or India Network Insurance at http://visitorsinsuranceusa.wordpress.com/ It is shocking, disturbing but really true.
http://.org/page3.html
covers PRE-EXISITING Conditions as well
's plan is from AIG.
Therefore be very careful, given AIG's condition recently. Even today, government gave $40 billion for AIG to survive. http://news.yahoo.com/s/ap/20081110/ap_on_bi_ge/aig_bailout
Please note that it is completely misleading when advertises that it is on a non-profit basis. It is like saying Ford Mustang car is sponsored by Ford Foundation, a non-profit organization. Just because Ford owners have a charity organization on the side does not make the entire Ford Motor Company non-profit organization. The same way existance of India Network Foundation does not make 's entire insurance business non-profit.
Find out the complete details and reality of KV Rao Insurance or India Network Insurance at http://visitorsinsuranceusa.wordpress.com/ It is shocking, disturbing but really true.
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don840
04-03 06:06 PM
Have had unfortunate turn of events and need your guidance.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
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sreedhar
09-07 11:42 PM
Hi Sree, which country immigration are you talking about ? :o
:D
I am talking about US Immigration...I clearly mentioned USCIS right.
Thanks..Sree
:D
I am talking about US Immigration...I clearly mentioned USCIS right.
Thanks..Sree
vhd999
04-27 10:33 AM
2 bags or 1 - they are check in luggage - not to worry about it until she reaches India and gets a coolie to help her out.
I have seen many Indian ladies with toddlers, having 3-4 carry on luggage along with strollers - please make sure this does not happen. This is something that they have to hold on to for all the in between stops, and go through so many security checks...........It is painful to watch them struggle, and other passengers end up helping them.
I agree. I frequently travel to India. Many times, I saw moms with small babies carrying multiple pieces of carry-ons.
Most of the cases they cannot do without any help.
Like others, I am happy to give a hand but I feel bad for those small babies crying while moms struggling with the other things at the airport.
It�s a good idea to not to carry more than one piece when travelling with babies alone.
I have seen many Indian ladies with toddlers, having 3-4 carry on luggage along with strollers - please make sure this does not happen. This is something that they have to hold on to for all the in between stops, and go through so many security checks...........It is painful to watch them struggle, and other passengers end up helping them.
I agree. I frequently travel to India. Many times, I saw moms with small babies carrying multiple pieces of carry-ons.
Most of the cases they cannot do without any help.
Like others, I am happy to give a hand but I feel bad for those small babies crying while moms struggling with the other things at the airport.
It�s a good idea to not to carry more than one piece when travelling with babies alone.
gccovet
11-17 07:57 AM
IV gurus Please help.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
I went thru the same thing 5-6 years back, Big blue(IBM) was laying off people they were not filing for LC's for 6 months.
I guess, your friend needs to find some company to file his GC while he still continues with his current employer. Once LC is approved, he can opt to join the LC sponsorer employer.
GCCovet
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
I went thru the same thing 5-6 years back, Big blue(IBM) was laying off people they were not filing for LC's for 6 months.
I guess, your friend needs to find some company to file his GC while he still continues with his current employer. Once LC is approved, he can opt to join the LC sponsorer employer.
GCCovet
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