arunsush
07-24 04:14 PM
My I 140 was rejected in April 2007 because USCIS thought that my company couldnt show the ability to pay. My PD was 2003 August.
My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.
I need help from the GURUs here. Is the above possible?
My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.
Please help me out. I need to act soon on this.
Many thanks in Advance.......
Your attorney is correct. Make sure your approved labor is not more than 180 days old. Starting 16th July the validity of labor expires beyond 180 days.
My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.
I need help from the GURUs here. Is the above possible?
My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.
Please help me out. I need to act soon on this.
Many thanks in Advance.......
Your attorney is correct. Make sure your approved labor is not more than 180 days old. Starting 16th July the validity of labor expires beyond 180 days.
nayekal
02-17 11:29 AM
Hi Nayekal,
I am in the same situation as you. My wife's employment is expected to end in the Middle of March.
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
Can you please share your experience.
Thanks....
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
What I understood from your question is your H1 expires on End of March and you need to apply for H1 extension from Aril 1 2009. If this case, you can apply for extension right now as well. Remember, you can apply for H1 extension within 6 months of your current H1 exp date. This is what my company did for me. They applied 5 months earlier. So, when you are applying for H1 extension, you can apply for H1 to H4 for your wife. In that case, your wife status is safe and your wife will get approval for H4 with I-94 period as stated in your new H1 copy (her H4 period equal to your new H1 period).
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
In case your wife gets a job offer later, her company can file for H1 (independent of quota) and she gets H1 for 6- whatever period she already served on H1, capped at 3 years.
Good Luck.
I am in the same situation as you. My wife's employment is expected to end in the Middle of March.
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
Can you please share your experience.
Thanks....
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
What I understood from your question is your H1 expires on End of March and you need to apply for H1 extension from Aril 1 2009. If this case, you can apply for extension right now as well. Remember, you can apply for H1 extension within 6 months of your current H1 exp date. This is what my company did for me. They applied 5 months earlier. So, when you are applying for H1 extension, you can apply for H1 to H4 for your wife. In that case, your wife status is safe and your wife will get approval for H4 with I-94 period as stated in your new H1 copy (her H4 period equal to your new H1 period).
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
In case your wife gets a job offer later, her company can file for H1 (independent of quota) and she gets H1 for 6- whatever period she already served on H1, capped at 3 years.
Good Luck.
Steve Mitchell
March 28th, 2004, 11:33 PM
I am sooo happy I'm almost always on the other side of the lens. Caught me with a mouth full of gum as well. I look like I have a broken jaw.
Here was my shot from this evening's game..
Staring off into space, Steve wonders about life, the future, and the outcome of the game.
Here was my shot from this evening's game..
Staring off into space, Steve wonders about life, the future, and the outcome of the game.
RNGC
02-09 07:40 PM
People,
I am proud of my 4 year old girl. She has written a letter to the President. When a 4 year old can write , we have 25k adult members and only about 500 of them have sent letters! Why ?
Here is my little girl's letter:
http://h1.ripway.com/likefree/4yearoldlettertoPresident.pdf
If we can't do this simple task, how can we expect the govt. to change laws for us ?
I understand, you are reading this post, but don't have a printer at home to print ? Ok, now open hotmail , gmail or yahoo mail, compose a mail to your work address. Just add this word document, and send a email to your work email address with the word document attached. when you see this email at work, just print 2 copies of the attachment, thats all you have to do.
Download the document from here:
http://h1.ripway.com/likefree/LettertoPresident.doc
I have made it simple enough, just write you name/address/ phone etc at the end.... you are all set. Is this hard ? Will it take more than 5 mins ?
Lets set a goal for next week. 10k letters by next week. Lets show our support to IV which is doing a phenomenal task.
Here is a link with more letter templates:
http://immigrationvoice.org/forum/showthread.php?t=16506
Broken Immigration System: (if some one can rotate this file please let me know!)
http://h1.ripway.com/likefree/BrokenLegalImmigrationSystemt.pdf
I am proud of my 4 year old girl. She has written a letter to the President. When a 4 year old can write , we have 25k adult members and only about 500 of them have sent letters! Why ?
Here is my little girl's letter:
http://h1.ripway.com/likefree/4yearoldlettertoPresident.pdf
If we can't do this simple task, how can we expect the govt. to change laws for us ?
I understand, you are reading this post, but don't have a printer at home to print ? Ok, now open hotmail , gmail or yahoo mail, compose a mail to your work address. Just add this word document, and send a email to your work email address with the word document attached. when you see this email at work, just print 2 copies of the attachment, thats all you have to do.
Download the document from here:
http://h1.ripway.com/likefree/LettertoPresident.doc
I have made it simple enough, just write you name/address/ phone etc at the end.... you are all set. Is this hard ? Will it take more than 5 mins ?
Lets set a goal for next week. 10k letters by next week. Lets show our support to IV which is doing a phenomenal task.
Here is a link with more letter templates:
http://immigrationvoice.org/forum/showthread.php?t=16506
Broken Immigration System: (if some one can rotate this file please let me know!)
http://h1.ripway.com/likefree/BrokenLegalImmigrationSystemt.pdf
more...
tnite
09-12 01:26 PM
I called the USCIS customer service and was given the receipt numbers for 485,EAD and AP.The application was put in the system on Sep 8th, Saturday. Checks havent been cashed yet.
Check my signature for the details. USCIS seems to be working overtime.
Check my signature for the details. USCIS seems to be working overtime.
newuser
09-01 09:52 AM
Please see an attorney.
more...
humsuplou
03-09 01:30 PM
Right, one can own but not run a business with H1-B, but can own and run with EAD.
Thanks again!!!
Thanks again!!!
somegchuh
08-22 12:41 PM
I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.
However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.
But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.
Has anyone here run a business on H1? What are the tax implications?
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.
But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.
Has anyone here run a business on H1? What are the tax implications?
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
more...
pyrosleepy
04-30 02:58 PM
Not Yet...But murthy.com says they are considering to reinstate PP for I-140. Check murthy.com for more information on this
I did not see it in murthy.com. Can you please paste the link or the text.
Thanks,
I did not see it in murthy.com. Can you please paste the link or the text.
Thanks,
raj_k
07-14 12:47 PM
Philippines GC numbers are almost exclusively Schedule A (nursing etc) - 23K consumption is out of the 50K that was authorized by congress as a one time adjustment in '05 - so these no:s are over and above the yearly 140K and hence does not put Philippines in the "oversubscribed" column (go figure)...
I have a Filipino friend (non schedule A) who did the entire PERM to PERManent resident thing in 11 months... As a matter of fact he had no trouble getting accepted to HBS, Wharton, U Chic & Kellogg either... Good for him, but "Under subscription" doesn't hurt you elsewhere also.. off topic!
why is there not an EB3 Philipenes with backlogs?
that would free up EB3 ROW and allow spillover
Clearly Philipenes has enough applicants to have backlog issues???
I have a Filipino friend (non schedule A) who did the entire PERM to PERManent resident thing in 11 months... As a matter of fact he had no trouble getting accepted to HBS, Wharton, U Chic & Kellogg either... Good for him, but "Under subscription" doesn't hurt you elsewhere also.. off topic!
why is there not an EB3 Philipenes with backlogs?
that would free up EB3 ROW and allow spillover
Clearly Philipenes has enough applicants to have backlog issues???
more...
drona
07-11 02:49 PM
Let's discuss ways to communicate with the Governor and to make him aware of our situation. I am going to do some research on his views on immigration but I think it might be good.
As Schwarzenegger has said multiple times:
"I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."
�Polls Push Governor to the Border�, LA Times, April 30, 2005
http://www.vdare.com/guzzardi/050503_schwarzenegger.htm
As Schwarzenegger has said multiple times:
"I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."
�Polls Push Governor to the Border�, LA Times, April 30, 2005
http://www.vdare.com/guzzardi/050503_schwarzenegger.htm
arnab221
04-29 12:30 PM
Doing smart things like this may get you deported from the US without any chance of return for 5 years . Be honest and follow the law .It against the law to work in one country and get paid in another .
more...
logiclife
11-18 12:18 PM
The problem with premium processing of 485 is that there a procedures in 485, like the FBI namecheck, the Fingerprinting etc, that is perfect recipe for bureaucratic nightmare.
USCIS is in the Department of Homeland security. That's where I485 starts. Then comes FBI namecheck. That's US dept of Justice. After that, comes the issue of alloting visa numbers. That is US State Department.
So you have 3 big bodies of US government who have to all work at premium speed IN SYNC with each other, without passing the buck to each other, to make premium processing possible for 485 filing.
As we all know, USCIS that alone handles I140 petitions took years to implement premium I140. Now if 3 entirely different Departments of US govt were to be asked to harmoniously streamline another procedure, then I guess its wish very less likely to come true, EVEN IF they want it as much as we do.
USCIS is in the Department of Homeland security. That's where I485 starts. Then comes FBI namecheck. That's US dept of Justice. After that, comes the issue of alloting visa numbers. That is US State Department.
So you have 3 big bodies of US government who have to all work at premium speed IN SYNC with each other, without passing the buck to each other, to make premium processing possible for 485 filing.
As we all know, USCIS that alone handles I140 petitions took years to implement premium I140. Now if 3 entirely different Departments of US govt were to be asked to harmoniously streamline another procedure, then I guess its wish very less likely to come true, EVEN IF they want it as much as we do.
nilcritz
12-15 09:43 AM
Add one from Austin.
more...
willgetgc2005
03-22 07:36 PM
Numbers USA cares about total number of immigrants per year.
If you move visa numbers from EB1, EB2 and EB3 to EB5 with fancy tactics like hard country quota(What Specter and Frist bills are doing), they dont really care.
They will be happy if the GRAND TOTAL of all greencards per year is brought down from number X to number Y. The grand total is a total of all Greencards: Family Based, Employment based, Diversity, Refugee etc.
--Jay.
IV is going full throttle despite all these depressing Immigration tactics being played out in Washington. IV is the beacon, to me atleast. Thanks guys for being so proactive and professional, not withstanding your regular jobs.
Pls see the link below. Even BIll Gates is asking for increase in H1 and not in Green cards (Last time he asked for GCs too) Every one wants cheap labor. They know people will wait for GC for 10 years. I guess creating a second class wannabe GCs is good for the industry.
We work hard in anticipation of GC
http://www.samachar.com/showurl.htm?rurl=http://www.hindustantimes.com/news/181_1654992,0002.htm?headline=Bill~Gates~for~big~r aise~in~H-1B~visas
For all the hype about retaining skills here, wonder what is going on. It makes one wonder if this country is worth
it anymore. Seriously.
If you move visa numbers from EB1, EB2 and EB3 to EB5 with fancy tactics like hard country quota(What Specter and Frist bills are doing), they dont really care.
They will be happy if the GRAND TOTAL of all greencards per year is brought down from number X to number Y. The grand total is a total of all Greencards: Family Based, Employment based, Diversity, Refugee etc.
--Jay.
IV is going full throttle despite all these depressing Immigration tactics being played out in Washington. IV is the beacon, to me atleast. Thanks guys for being so proactive and professional, not withstanding your regular jobs.
Pls see the link below. Even BIll Gates is asking for increase in H1 and not in Green cards (Last time he asked for GCs too) Every one wants cheap labor. They know people will wait for GC for 10 years. I guess creating a second class wannabe GCs is good for the industry.
We work hard in anticipation of GC
http://www.samachar.com/showurl.htm?rurl=http://www.hindustantimes.com/news/181_1654992,0002.htm?headline=Bill~Gates~for~big~r aise~in~H-1B~visas
For all the hype about retaining skills here, wonder what is going on. It makes one wonder if this country is worth
it anymore. Seriously.
h1techSlave
11-18 05:39 PM
Since you are from Russia it may be wiser to stick with EB3. I am assuming that the priority date for EB3 will be very close to current when you are ready to file for 485. EB2 of course is always current.
Filing in EB2 is riskier, since you and employer will have to prove to USCIS that 1. the employer has a requirement for a person with EB2 qualifications and 2. you have those qualifications.
If you were from heavily retrogressed countries such as India and China, then taking a risk and filing in EB2 is worth it. For India/China:
EB3 --> GC when you are ready to marry off your grand children
EB2 --> GC when you are ready to marry off your children
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
2. How long does it take if to process it using EB2? I am from Russia.
3. Is it possible to switch to EB2 somehow?
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
5. At what step of GC processing can I change a compamy that I work for?
Thank you
Michael
Filing in EB2 is riskier, since you and employer will have to prove to USCIS that 1. the employer has a requirement for a person with EB2 qualifications and 2. you have those qualifications.
If you were from heavily retrogressed countries such as India and China, then taking a risk and filing in EB2 is worth it. For India/China:
EB3 --> GC when you are ready to marry off your grand children
EB2 --> GC when you are ready to marry off your children
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
2. How long does it take if to process it using EB2? I am from Russia.
3. Is it possible to switch to EB2 somehow?
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
5. At what step of GC processing can I change a compamy that I work for?
Thank you
Michael
more...
krishnam70
06-18 11:04 AM
Looking for a Good Attorney in Texas, please - thanks .
www.kanlaw.net
972-929-4726
they are efficient and thorough..
www.kanlaw.net
972-929-4726
they are efficient and thorough..
OLDMONK
09-16 12:29 AM
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
TUnlimited
09-15 12:38 AM
I stop worrying about it and finally got all the receipt notice.
Is there menthal link between USCIS actions and their Clients?:D
Sort of if you do worry about things, they intentionally make it difficult for you, and if you drop it, they think - Well, this fella does not seem to worry about thing, let's make him happy!
Is there menthal link between USCIS actions and their Clients?:D
Sort of if you do worry about things, they intentionally make it difficult for you, and if you drop it, they think - Well, this fella does not seem to worry about thing, let's make him happy!
s416504
08-29 04:15 PM
Any one knows , How is my GREEN Light turned to RED ?? Ways to turn back green
GCwaitforever
07-12 07:29 AM
Part of the problem is the employers do not have a long term plan for their companies. They are always on look out for a fast buck. If employee satisfaction and client satisfaction are more, the company has better chance of growing. Typically when the client is satisfied, the company gets more projects and this way the set-up costs like relocation, travel expenses come down. Companies can not break the law just because they are not able to make a profit.
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