mantagon
12-17 11:45 AM
I had gone to India via Munich in Dec 2006 with H1-B extension approved (VISA on passport had expired) without a Transit VISA and had no problems. Hope this helps!
chanduv23
11-07 04:55 PM
Pehaps all that your lawyer cares for is your fees. The answer to your question is 'No' you cannot use your experience gained with your current employers, ofcourse if the petitioner is your current employer.
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
But his signature says labor is approved. I remember giving my lawyer an updated resume with current employment when she filed 140 for me. Maybe thats OK in 140 petition????
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
But his signature says labor is approved. I remember giving my lawyer an updated resume with current employment when she filed 140 for me. Maybe thats OK in 140 petition????
gc_chahiye
08-29 05:10 AM
Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.
thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.
The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!
thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.
The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!
mmanurker
05-22 03:00 PM
Thanks for your Reply.
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.
can you pls reveal the name of your employer?
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.
can you pls reveal the name of your employer?
more...
dreeft
10-29 12:32 AM
dreeft, you could set it up as subcontracting work out though, all the work being funneled through one person and then subcontracted to other members of the "group"
Then it wouldn't be a business and hence would be a "group" of freelancers :P
I'd be interested if you could find some jobs Flash-Matic, do you have AIM or MSN?
Yes, that was what I was getting at. He'd still need to start the "business" up and then subcontract to other "businesses".. :D
Then it wouldn't be a business and hence would be a "group" of freelancers :P
I'd be interested if you could find some jobs Flash-Matic, do you have AIM or MSN?
Yes, that was what I was getting at. He'd still need to start the "business" up and then subcontract to other "businesses".. :D
guy03062
07-17 12:42 AM
kudos to ImmigrationVoice's core team and its members, especially flower campaign and San Jose rally. Apart from Congresswoman Lofgren, IV is the one who really added immense pressure on Govt by their root level activites.
more...
at0474
12-14 02:03 PM
Sorry to say this is gone case. Try exploring the option of filing another I-140with the other approved labor you have. Also, make sure that labor has provisions to make your new I-140 approvable. Otherwise, you will be hitting against the wall twice!!
GCBy3000
02-12 02:36 PM
If you have approved labor and 140, why you want to file EB2 perm?
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
more...
desigc
01-08 04:57 PM
Thanks Pointlesswait
I have about 3 months left on H1b. From your post, it seems that I shud file for extension ASAP and if layoff happens...transfer H1..
Did I interpret you correctly?
When you apply for H1 transfer..they transfer the current H1.
If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.
So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...
if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.
hope this helps
I have about 3 months left on H1b. From your post, it seems that I shud file for extension ASAP and if layoff happens...transfer H1..
Did I interpret you correctly?
When you apply for H1 transfer..they transfer the current H1.
If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.
So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...
if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.
hope this helps
mzafar125
11-07 04:08 PM
I spoke with my lawyer again and he said that we are fine using the experience on my current job. The company that is petitioning my application is where I got most of the experience mentioned in my labor. What do you recommend I do at this point ?
I will try and talk to another lawyer and get their views on this issue. Can I retain my priority date and file under perm at this stage. I am so stressed, I waited four years for my labor and it is about to go to hell. :mad:
I will try and talk to another lawyer and get their views on this issue. Can I retain my priority date and file under perm at this stage. I am so stressed, I waited four years for my labor and it is about to go to hell. :mad:
more...
-Williams-Can-I-Have-It-Like-That-Pt.1.jpg "Pharrell (Ft Gwen Stefani)")
Nagireddi
03-16 12:09 PM
You can try Mr.James Eiss. I am very happy with him. His web address is www.usvisahelp.com Good luck.
Ann Ruben
05-27 05:33 PM
The EB-2 NIW category, like the EB-1 extraordinary ability category, has the advantage of not requiring employer sponsorship---both can be "self-petitions". Depending on the particular facts, it is sometimes easier to qualify for the EB-2 NIW category. It is also possible to file separate I-140 petitions in two or more categories at the same time to increase the liklihood of success.
more...
immguser
03-27 05:01 PM
Hello,
I am in a same situation, this happened to me on wednesday. I have I-140 approved and lost job. In H1B on my 4.5 year.
With the new company hiring should i start the process all new? File new PERM right from the scratch?
Kindly advise.
Thanks,
Immuser
I am in a same situation, this happened to me on wednesday. I have I-140 approved and lost job. In H1B on my 4.5 year.
With the new company hiring should i start the process all new? File new PERM right from the scratch?
Kindly advise.
Thanks,
Immuser
jonty_11
02-19 12:32 PM
As per immigration-law.com..Senate may work on CIR in March 07 and hand it over to House by APril 07....House may however sit on it for years on end...
02/18/2007: Need for Immigration Reform and Concerns with Growing Gridlock in Legislations in the Congress
The Democrats launched a new Congress with aggressive platforms and legislative agenda on January 4, 2007. Madame Pelosi of the House set the first 100-hour legislative agenda and the Senate Majority Leader, Harry Reid presented on the Senate floor ten legislative bills as top priority for the first few months of the Senate.
However, immersed in the party politics, the Congress left the Hill yesterday, Saturday, for a week long break without achieving a lot because of the gridlock it had faced in the Congress. Samo, Samo Washington politics involving the Republicans and Democrats. It practically means that the Congress wll not resume the active legislative activities until March 2007.
S. 9, the Comprehensive Immigration Reform bill, adopted by the Senate floor, is in the Judiciary Committee of the Senate. The newly elected Chairman of the Judiciary Committee, Sen. Leahy, reportedly set the CIR as one of the top agenda of the Judiciary Committee for March 2007 and the Democratic leaders reportedly determined to pass the CIR by April 2007 and quickly send it over to the House for its prompt action. How beautiful the agenda of the new Congress.
We want to watch carefully how closely the leaders of the House and Senate will follow through the agenda. In a way, from the perspectives of this immigration legislation agenda, we are relieved that the Congress was over with the most serious road block to the Congress, to wit, rebuke of Bush's resurge in Iraq.
02/18/2007: Need for Immigration Reform and Concerns with Growing Gridlock in Legislations in the Congress
The Democrats launched a new Congress with aggressive platforms and legislative agenda on January 4, 2007. Madame Pelosi of the House set the first 100-hour legislative agenda and the Senate Majority Leader, Harry Reid presented on the Senate floor ten legislative bills as top priority for the first few months of the Senate.
However, immersed in the party politics, the Congress left the Hill yesterday, Saturday, for a week long break without achieving a lot because of the gridlock it had faced in the Congress. Samo, Samo Washington politics involving the Republicans and Democrats. It practically means that the Congress wll not resume the active legislative activities until March 2007.
S. 9, the Comprehensive Immigration Reform bill, adopted by the Senate floor, is in the Judiciary Committee of the Senate. The newly elected Chairman of the Judiciary Committee, Sen. Leahy, reportedly set the CIR as one of the top agenda of the Judiciary Committee for March 2007 and the Democratic leaders reportedly determined to pass the CIR by April 2007 and quickly send it over to the House for its prompt action. How beautiful the agenda of the new Congress.
We want to watch carefully how closely the leaders of the House and Senate will follow through the agenda. In a way, from the perspectives of this immigration legislation agenda, we are relieved that the Congress was over with the most serious road block to the Congress, to wit, rebuke of Bush's resurge in Iraq.
more...
nixstor
02-13 10:58 AM
i spent around 3000$ for studies, could get only 2000$ under lifetime...
is there anyway i can claim the entire 3000?
Yes, if you are married filing jointly and your combined income is less than 130,000 you can claim a tuition deduction of 4000USD. If you are above 130K but less than 160K your deduction is 2000USD. If you are around borderline for 130K, just buy a traditional IRA which reduces your AGI. Read this part of Pub 970 if you need more help
http://www.irs.gov/publications/p970/ch06.html#d0e5975
is there anyway i can claim the entire 3000?
Yes, if you are married filing jointly and your combined income is less than 130,000 you can claim a tuition deduction of 4000USD. If you are above 130K but less than 160K your deduction is 2000USD. If you are around borderline for 130K, just buy a traditional IRA which reduces your AGI. Read this part of Pub 970 if you need more help
http://www.irs.gov/publications/p970/ch06.html#d0e5975
dealsnet
07-27 02:03 PM
Since you are in tight spot, you need to consult good and experienced lawyers.
Do not go to an ordinary lawyer for this.
Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
Do not go to an ordinary lawyer for this.
Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
more...
gbof
05-10 09:32 AM
VB will come today.
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
Ya, Get a paid consultation....
It needs to be out before the end of 2nd week of every month
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
Ya, Get a paid consultation....
It needs to be out before the end of 2nd week of every month
martinvisalaw
06-12 04:40 PM
You can apply for an EAD with a pending 485. However, I would be conservative in saying that you are really eligible for this only if you can avail of 485 portability. If the I-140 has been approved and the 485 has been pending for 180 days, then you are portable. If the I-140 has not been approved, the employer could revoke the I-140 and cause the 485 to be denied. This would cause an immediate end to your work authorization and Advance Parole also.
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left). This way you could get a H-1B visa at a consulate and return in that status if necessary.
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left). This way you could get a H-1B visa at a consulate and return in that status if necessary.
voldemar
12-31 02:30 PM
If your wife wants to work, then, of course, both of you have to be on EAD.That's not correct. Primary applicant could be on H1 and dependent use EAD. When dependent starts using EAD it doesn't affect primary applicant.
pa_arora
09-20 05:19 PM
How does that help us?
starving_dog
07-13 01:37 PM
Your bank statement should back-up the deposit values for the five different pay periods. The pay-stubs will fly because the pay period encompasses the time span required.
0 comments:
Post a Comment