IV_Friend
03-30 12:18 PM
Dear Attorney,
Thanks alot for taking your valuable time suggesting us on this issue.
I appreciate your help.
This information is very much helpful.
Thanks alot for taking your valuable time suggesting us on this issue.
I appreciate your help.
This information is very much helpful.
otovarm@hotmail.com
03-03 12:29 PM
Hi everyone, I am seeking some help:
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.
Foster2007
07-07 12:27 PM
Good idea. I gave highest rating. The video summarizes the issue for the candidates very well!!!
fide_champ
09-16 04:33 PM
here is an article from murthy about unemployment benefits:
MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)
MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)
more...
reddy77
09-26 12:21 PM
Applied on July18th NSC , got the receipts, but no update on AP or EAD, No LUD's too ..
camarasa
07-08 10:08 PM
Stueym I posted this response to your video.
Well you answered your question in your own video - your family are legal immigrants who by your own admission pay taxes (as you should do) � whereas illegal immigrants don�t pay taxes for fear of being caught. The government thinks it�s best to make them legal quicker so they feel safe to pay taxes like everyone else� go figure?
Well you answered your question in your own video - your family are legal immigrants who by your own admission pay taxes (as you should do) � whereas illegal immigrants don�t pay taxes for fear of being caught. The government thinks it�s best to make them legal quicker so they feel safe to pay taxes like everyone else� go figure?
more...
martinvisalaw
06-16 10:23 AM
I have a quick question though it is not related to family petition.
what happens in this case ...you have a EAD valid for 2 years, say till Sept 2011. few months from now, 485 is denied for whatever reason.
does the EAD become null and void or can you still use EAD till 2011 ? (I know we can file MTR etc).
In other words, I wanted to know, what happens to EAD if GC is denied (in final judgement).
Thanks
When CIS denies a 485 they almost always immediately revoke any accompanying EAD and Advance Parole.
what happens in this case ...you have a EAD valid for 2 years, say till Sept 2011. few months from now, 485 is denied for whatever reason.
does the EAD become null and void or can you still use EAD till 2011 ? (I know we can file MTR etc).
In other words, I wanted to know, what happens to EAD if GC is denied (in final judgement).
Thanks
When CIS denies a 485 they almost always immediately revoke any accompanying EAD and Advance Parole.
mk26
05-27 08:28 AM
Looks like this is another bigger issue after our green card issue. Can we do something about this?
more...
unseenguy
06-22 07:33 PM
...and the boss goes back and continues eating samosas :)
Pls replace samosas with burger and french fries. Boss in Nebraska may not like samosas or may find it too hot to handle resulting in additional 2-3 sick days.
Pls replace samosas with burger and french fries. Boss in Nebraska may not like samosas or may find it too hot to handle resulting in additional 2-3 sick days.
texcan
02-20 04:10 PM
Thanks for answering my question. But is it not a huge difference between what I earn and what is mentioned in the LC (almost 40k) ??
GC is for future job, this pay is for skill set that will be used for FUTURE JOB,
it has nothing to do with your current job even if it is same job title.
Donot worry for stuff you donot have control over. It was done in past, you are fine, you cant do anything about it anyways now, or even if you had known about this in past.
LCA Salary is determined by Labor office, those great folks always come up with salary ...that no one pays.
Talk to your employer and ask about seeking higher salary. Most folks get huge jump ( in normal market) when they get their EAD since employer knows now they will move somewhere else.
Donot panic about everyting.
HTH
GC is for future job, this pay is for skill set that will be used for FUTURE JOB,
it has nothing to do with your current job even if it is same job title.
Donot worry for stuff you donot have control over. It was done in past, you are fine, you cant do anything about it anyways now, or even if you had known about this in past.
LCA Salary is determined by Labor office, those great folks always come up with salary ...that no one pays.
Talk to your employer and ask about seeking higher salary. Most folks get huge jump ( in normal market) when they get their EAD since employer knows now they will move somewhere else.
Donot panic about everyting.
HTH
more...
Quadrucle
09-15 05:29 PM
Last time CIR had sweet deal for Illegals ..
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
How can a New queue or a point system can be affecting us (EB) ? If it is like other contries where they have the point system for immigration, a job in hand/education/number of years lived in the country/ etc etc, everything should be in favour of the EB's, right? Also, if you know definetly when you will get a GC, rather than indefinite wait will help so many people in making the decision. I think here, the most frustrating thing is not knowing when you will get it, rather than waiting years and years..
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
How can a New queue or a point system can be affecting us (EB) ? If it is like other contries where they have the point system for immigration, a job in hand/education/number of years lived in the country/ etc etc, everything should be in favour of the EB's, right? Also, if you know definetly when you will get a GC, rather than indefinite wait will help so many people in making the decision. I think here, the most frustrating thing is not knowing when you will get it, rather than waiting years and years..
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.
more...
asekhon
06-18 11:31 AM
Find a colleague, who can say what you worked on etc. on a plain paper. The colleague, could very well be working somewhere else and doesn't need to be a current employee.
If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.
Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.
If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.
Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.
Chicago Desi
03-31 11:14 AM
...Because as per law you cannot have different job duties until you get your gc and max one year beyond that...
Your statement is true in the sense that H1B candidate must work on the same duties described in LC but you are wrong in saying that one has to wait one year after getting GC to have different job duties.
Your statement is true in the sense that H1B candidate must work on the same duties described in LC but you are wrong in saying that one has to wait one year after getting GC to have different job duties.
more...
cox
June 18th, 2005, 02:47 PM
Did you see my comment on this shot in the gallery, because I said the same exact thing "ask and you shall receive". Anyway, like I said there, great shot, Anders would be proud. ;)
Great minds and all that ;) Yeah, Anders & Omar keep me working to improve my wildlife and landscapes. You, Bob, Rob, Gary and others too numerous to list here remind me thru pictures that I should shoot other things occasionally too. And Queen Josephine has finally shamed me into buying Photoshop CS2 (with the intent of learning how to use it). 'Course, now I only have to figure out how to open this box...:D
Great minds and all that ;) Yeah, Anders & Omar keep me working to improve my wildlife and landscapes. You, Bob, Rob, Gary and others too numerous to list here remind me thru pictures that I should shoot other things occasionally too. And Queen Josephine has finally shamed me into buying Photoshop CS2 (with the intent of learning how to use it). 'Course, now I only have to figure out how to open this box...:D
gg_ny
07-31 09:54 PM
gg_ny/others,
1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?
2) gg-ny, can you eloborate on this please?
(have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.
Thanks for your responses.
Sendil
Hi,
I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
1) unless you USE your EAD, H1 or H4 status wouldn't be affected
2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.
Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.
1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?
2) gg-ny, can you eloborate on this please?
(have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.
Thanks for your responses.
Sendil
Hi,
I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
1) unless you USE your EAD, H1 or H4 status wouldn't be affected
2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.
Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.
more...
chanduv23
09-14 03:50 PM
Jay Pradhan rockssssssssssss
la_guy
01-29 03:22 PM
does he have the source of this rumour? does vdlrao knows anything about this?
redcard
04-02 10:01 AM
Hmm really? I thought that is not possible anymore. Can you give me the details or refer me to a website that has them? Thank you!
Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.
Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.
CaliGC
06-14 09:02 PM
Friends,
Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.
PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.
TIA.
Please see my Signature below for info regarding me.
EB3/VSC/India
PD July 2004
140/EAD/AP/485 file RD:11/05/2004 ND:11/09/2004
EAD1 Approved:11/22/2004
AP1 Approved:11/23/2005
140 Approved:2/1/2005
EAD2 RD: 10/06/05 AD: 10/25/05
AP2 RD: 10/06/05 AD:10/31/05
EAD3 RD 7/7/2006 AD: 7/27/06
FP1 - 03/10/05
FP2 4/25/07
SELF Name Check Cleared!!!: Dec. 2004 & Jan 2006.
SPOUSE Name Check Cleared!!!: Mar. 2006
Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.
PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.
TIA.
Please see my Signature below for info regarding me.
EB3/VSC/India
PD July 2004
140/EAD/AP/485 file RD:11/05/2004 ND:11/09/2004
EAD1 Approved:11/22/2004
AP1 Approved:11/23/2005
140 Approved:2/1/2005
EAD2 RD: 10/06/05 AD: 10/25/05
AP2 RD: 10/06/05 AD:10/31/05
EAD3 RD 7/7/2006 AD: 7/27/06
FP1 - 03/10/05
FP2 4/25/07
SELF Name Check Cleared!!!: Dec. 2004 & Jan 2006.
SPOUSE Name Check Cleared!!!: Mar. 2006
chalamurariusa
04-29 09:28 PM
Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.
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