IndyRK
12-15 04:23 PM
Hi,
I am currently working on a fulltime H1B and my GC process is going on with second stage (I140) in progress. Now my old employer wants me to work parttime for them which I agreed upon but this is a possibility only if I have a parttime H1B applied w.r.t old employer which I am thinking to apply for it and work parttime. But my question here is does this effect my GC processing? If it is what are the effects? Please reply me back. Thanks a lot.
Regards
According to an attorney, you must work part time 35 hrs per week in order to keep your GC process going on.
I am currently working on a fulltime H1B and my GC process is going on with second stage (I140) in progress. Now my old employer wants me to work parttime for them which I agreed upon but this is a possibility only if I have a parttime H1B applied w.r.t old employer which I am thinking to apply for it and work parttime. But my question here is does this effect my GC processing? If it is what are the effects? Please reply me back. Thanks a lot.
Regards
According to an attorney, you must work part time 35 hrs per week in order to keep your GC process going on.
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kondur_007
08-11 08:58 PM
Yes, it is possible to process your GC through company B while you are working for company A.
1. You should have "good faith intention" to work for company B permanently once your GC is approved.
2 Company B should have good faith intention to hire you permanently once GC is approved
3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).
Also see my post in the following thread regarding changing employers after GC:
http://immigrationvoice.org/forum/showthread.php?t=20515
Good Luck.
1. You should have "good faith intention" to work for company B permanently once your GC is approved.
2 Company B should have good faith intention to hire you permanently once GC is approved
3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).
Also see my post in the following thread regarding changing employers after GC:
http://immigrationvoice.org/forum/showthread.php?t=20515
Good Luck.
mrdelhiite
07-12 08:17 AM
This USCIS fisco seeps have more twists than Anna Nicole Smith case.
here you another angle to it:
http://www.immigration-law.com/
07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing
There is an unconfirmed source of information that a couple of restrictionist U.S. Senators influenced the USCIS decision to reject July applications for their alleged fear that since July 2007 Visa Bulletin would open a flood gate of hundreds of thousands of 485 applications, the public might take it as the government giving out a sort of "amnesty" to these floods of people. We hope that there is no truth to such rumor. However, if it is true, it is indeed shocking that individual legislators could interfere with the government process on "personal" basis and without the formal legislative process of public notice and participation. We urge the U.S. Senate to get to the bottom of this rumor and take appropriate action for correction under the Senate rules.
Repost. Please close this thread.
Thanks
-M
here you another angle to it:
http://www.immigration-law.com/
07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing
There is an unconfirmed source of information that a couple of restrictionist U.S. Senators influenced the USCIS decision to reject July applications for their alleged fear that since July 2007 Visa Bulletin would open a flood gate of hundreds of thousands of 485 applications, the public might take it as the government giving out a sort of "amnesty" to these floods of people. We hope that there is no truth to such rumor. However, if it is true, it is indeed shocking that individual legislators could interfere with the government process on "personal" basis and without the formal legislative process of public notice and participation. We urge the U.S. Senate to get to the bottom of this rumor and take appropriate action for correction under the Senate rules.
Repost. Please close this thread.
Thanks
-M
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martinvisalaw
08-07 12:16 PM
Hi,
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.
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lecter
April 3rd, 2005, 06:30 AM
the first one has more zing (IMO)
grinch
05-10 09:48 PM
Yeah I noticed you like his little errors heh? Hahah nice concept!
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gc28262
02-28 04:19 PM
Why take risk ? File an LCA.
Anyway LCA is tied to work location, so you probably will have to file an LCA. --My guess
Anyway LCA is tied to work location, so you probably will have to file an LCA. --My guess
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mdcowboy
02-23 06:15 PM
Hi, My mother lives in Haiti, i was not able to file a petition for her before the earthquake happened. Now with all of that going on, i need to know how to file and get her quicker to the us? Any response will be greatly appreciated, thank you
I don't know the solution to your problem but I was listening to NPR the other day and they were talking about unknown organizations just trying to catch unawares by getting money up to $4K in promise of filing paperwork to get their family from Haiti to the US.
What ever you do, please use caution and common sense.
I don't know the solution to your problem but I was listening to NPR the other day and they were talking about unknown organizations just trying to catch unawares by getting money up to $4K in promise of filing paperwork to get their family from Haiti to the US.
What ever you do, please use caution and common sense.
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anyluck?
06-18 12:58 AM
Hi
My wife is on H4 visa.She got an offer from Non profit organization and they are ready to do H1B.As it is Non profit Organization is that correct she can start working as soon as H1B is approved.
Is it possible to Transfer H1b in future to regular company if H1B quota exists.
Are there any restrictions involved.
Can any one please shed some light for me.
Thanks
My wife is on H4 visa.She got an offer from Non profit organization and they are ready to do H1B.As it is Non profit Organization is that correct she can start working as soon as H1B is approved.
Is it possible to Transfer H1b in future to regular company if H1B quota exists.
Are there any restrictions involved.
Can any one please shed some light for me.
Thanks
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adcking
07-23 02:12 PM
Hi,
My wife filed her LC under EB3 with June 2003 priority date and I filed my LC under EB2 with Feb 2005 Prority date. Later, I had a job change, in the same company and had to re-do my LC/I-140 -- this time the LC was filed in Nov 2006. My lawyer requested retaining of my original Feb 2005 priority date.
Later when the floodgates opened in 2007, I filed for my I-485 (and my wife's) and a month later she filed her I-485 (based on her independent application and also added me as a spouse to that application).
So now we have the following situation.
1. We both have two A- numbers (Because I filed for her I-485 on my application and she filed for mine on her application)
2. We now have three different priority dates
Feb 14th 2005 � my original EB2 application
Nov 2006 � my EB2 re-application
June 2003 � my wife�s original EB3 application
Most people with Feb 2005 Priority dates have already received their Green Card approvals. I have not and we got concerned.
We contacted USCIS and they have told us that the file is "under review". We asked what Priority date are they using and the immigration officer said he cannot tell us that because the file is under review.
My questions are
1. How do I find out what priority date are they using?
2. What should I ask my lawyer to do to ensure that USCIS uses the right priority date?
3. I have an info-pass appointment on August 3 (my wife's appointment) -- what should I ask them? I went to them last week and got very little to no information. They did say my name check is complete and fingerprinting is complete, and that the case is sitting with an officer for review.
ADCKING
My wife filed her LC under EB3 with June 2003 priority date and I filed my LC under EB2 with Feb 2005 Prority date. Later, I had a job change, in the same company and had to re-do my LC/I-140 -- this time the LC was filed in Nov 2006. My lawyer requested retaining of my original Feb 2005 priority date.
Later when the floodgates opened in 2007, I filed for my I-485 (and my wife's) and a month later she filed her I-485 (based on her independent application and also added me as a spouse to that application).
So now we have the following situation.
1. We both have two A- numbers (Because I filed for her I-485 on my application and she filed for mine on her application)
2. We now have three different priority dates
Feb 14th 2005 � my original EB2 application
Nov 2006 � my EB2 re-application
June 2003 � my wife�s original EB3 application
Most people with Feb 2005 Priority dates have already received their Green Card approvals. I have not and we got concerned.
We contacted USCIS and they have told us that the file is "under review". We asked what Priority date are they using and the immigration officer said he cannot tell us that because the file is under review.
My questions are
1. How do I find out what priority date are they using?
2. What should I ask my lawyer to do to ensure that USCIS uses the right priority date?
3. I have an info-pass appointment on August 3 (my wife's appointment) -- what should I ask them? I went to them last week and got very little to no information. They did say my name check is complete and fingerprinting is complete, and that the case is sitting with an officer for review.
ADCKING
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bugmenot
11-17 01:39 PM
I dont think there is one (at least legally). However, even if revoked, you may apply for new H1 (without quota bar, if you are within 6 years). The IO may or may not give you a new I94, so you may have to exit the country to get a new visa/I94.
uh? no time period to transfer h1b?? does anyone have a clarification on this point?
i heard it was between 10 days to 2 weeks???
anyone??
uh? no time period to transfer h1b?? does anyone have a clarification on this point?
i heard it was between 10 days to 2 weeks???
anyone??
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eb3retro
06-18 03:41 PM
Almost a good percentage of IV members are ready to file their I-140/I-485. I was one of the fortunate ones who will be able to file I485, due to the date moving from 2001 to 2003 last month for Eb3. The moment I got this happy news that I can file I-485, I celebrated by contributing $20 to IV. And my request to all of you who are in good spirits as of today due to the dates being current for I140/485, please do the same. This will help IV to continue fighting for the removal of retrogression to the best extent. I am sure all of us agree with me, that there is a long way to go in the journey of this GC. So, please contribute.
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pbojja
11-17 06:22 PM
Hi,
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Sorry to be sarcastic but , does your question requires a thread ? simple search in google and canada embassy will answer all your questions .
Vacation trip requires answers from IV ....
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Sorry to be sarcastic but , does your question requires a thread ? simple search in google and canada embassy will answer all your questions .
Vacation trip requires answers from IV ....
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leo_loco
06-28 02:42 PM
Hi:
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
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mchhokar
05-17 12:27 PM
hey thanks!! Yet to see the copy of denial notice..does anyone knows whether appeal process entitles you to stay legally in US untill the final verdict?? I read somewhere that if your I94 /visa is expired , then the appeal period is illegal!!
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kghoshal
11-22 07:17 PM
Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
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seaken75
10-09 01:32 PM
bump
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sgudge
02-12 05:37 PM
My mother recently got a tourist visa for 10 years. I know that when she enters USA she will get I-94 which will be valid for 6 months, and she has to go back before the I-94 expires. My question is:
1) Can she go back to India for say 2 months and come back to US to stay for another 6 months?
Ex: she comes on 1st Jan 2011 , goes back 31st June 2011 , then stay for couple of months in India and Again Come Back on 1st Sep and stay for more 6 months ?
According to my understanding tourist can stay only 6 months in USA in a calendar year, provided they don’t apply for extension, is it true?
2) What if she comes on 1st Jan 2011 stays for 6 months, applies for 6 months extension gets it.
Goes back in month of Dec. stays for 2 months and again comes on March 1st 2012, will she face any problem at port of entry? Due to her extension she took on her last visit?
Please help me understand pros and corns? What is the best way to use 10 years tourist visa to stay in USA legally to Maximum period.
1) Can she go back to India for say 2 months and come back to US to stay for another 6 months?
Ex: she comes on 1st Jan 2011 , goes back 31st June 2011 , then stay for couple of months in India and Again Come Back on 1st Sep and stay for more 6 months ?
According to my understanding tourist can stay only 6 months in USA in a calendar year, provided they don’t apply for extension, is it true?
2) What if she comes on 1st Jan 2011 stays for 6 months, applies for 6 months extension gets it.
Goes back in month of Dec. stays for 2 months and again comes on March 1st 2012, will she face any problem at port of entry? Due to her extension she took on her last visit?
Please help me understand pros and corns? What is the best way to use 10 years tourist visa to stay in USA legally to Maximum period.
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austingc
05-03 04:18 PM
austingc,
Thank you for the advise.
My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.
To put my question in a different way:
Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?
Thanks again.
They will not do it because your visa will be under admin processing and not denied or rejected.
Thank you for the advise.
My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.
To put my question in a different way:
Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?
Thanks again.
They will not do it because your visa will be under admin processing and not denied or rejected.
freddyCR
February 1st, 2005, 11:52 AM
Well...I guess there are as many different opinions on that, as there are varieties of coffee. For me, it certainly is.