sw33t
07-26 01:03 PM
I am in!
Anyone else?
Anyone else?
wallpaper Picture of BMW 330 Cd
pamith
05-13 08:42 PM
3-4 months may be, but you can apply for AP and EAD.
chi_shark
04-27 01:02 PM
Hi,
I hope, all is well.
I filed my applications for Green Card. I did concurrent filing for I-140 & I-485 applications in September-2007. I got EAD in December-2007 but I-140 case is still pending.
I am working with the company which filed my Green Card but very soon I would resign from them/there as there is no work over there. They would still continue my I-140 case even I resign from there.
I need your help as:
(1) Can I work on 1099 (as I have EAD & I-140 is still pending)?
OR
(2) I need to work on W2 (means: cannot work on 1099) [as I have EAD & I-140 is still pending]?
Please, advise me as soon as possible.
:confused:
Best regards,
Rajiv
I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?
I hope, all is well.
I filed my applications for Green Card. I did concurrent filing for I-140 & I-485 applications in September-2007. I got EAD in December-2007 but I-140 case is still pending.
I am working with the company which filed my Green Card but very soon I would resign from them/there as there is no work over there. They would still continue my I-140 case even I resign from there.
I need your help as:
(1) Can I work on 1099 (as I have EAD & I-140 is still pending)?
OR
(2) I need to work on W2 (means: cannot work on 1099) [as I have EAD & I-140 is still pending]?
Please, advise me as soon as possible.
:confused:
Best regards,
Rajiv
I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?
2011 BMW - 330Ci - DUBS
james_bond_007
04-03 12:12 AM
I opened a service request last week regarding the pending I 485 case. Today I got the following letter in mail. "We are actively processing your case. However we have to perform additional review on this case. Contact us after 6 months." . When I opened a SR last year I got the same response.
I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.
I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.
more...
sertasheep
03-26 11:54 AM
I agree with the others. We can institute a small membership fee which interested users will be willing to pay on a monthly basis.
reddymjm
10-19 05:35 PM
I would donate 500$ if I get the GC before 2012. If not I would reduce it by 50$ a year there after.
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Ramba
05-04 02:04 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
2010 BMW 330i 2004
lskreddy
03-12 07:19 PM
Thanks.
What would one need to capture time outside? Luckily in my case, all I need to show is probably about a week's worth of time outside US to apply. Isn't that correct?
I have a sub-case going with someone else and have EAD but my primary employer's labor is going to be just 361 days when my H1 expires. If my I140 get s cleared for the sub-case, of course all of this is moot.
Thanks again for your reply,.
What would one need to capture time outside? Luckily in my case, all I need to show is probably about a week's worth of time outside US to apply. Isn't that correct?
I have a sub-case going with someone else and have EAD but my primary employer's labor is going to be just 361 days when my H1 expires. If my I140 get s cleared for the sub-case, of course all of this is moot.
Thanks again for your reply,.
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GCEB2
06-24 10:34 PM
Thanks for replying.
For question number 3 can you give more details. What is AVR.
Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.
so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.
For question number 3 can you give more details. What is AVR.
Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.
so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.
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sk.aggarwal
07-23 10:49 AM
I don't have a suggestion but a question for you. What is this money that you get if you stick with the company after they lay you off. Why would you lose the money if you join company B? I am sorry I just thought it was kind of strange.
I guess he is talking about severance pay, could range from 1 month to 2 years of salary depending on duration of employment with company and there policies.
I guess he is talking about severance pay, could range from 1 month to 2 years of salary depending on duration of employment with company and there policies.
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aroranuj
06-27 04:06 PM
Has anyone had any luck getting your I-140 Receipt # by going on an Infopass Appt?
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mk6
07-17 06:58 PM
my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers
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house BMW - 330Ci - DUBS
roseball
07-20 05:37 PM
Most of these case I have heard have got H4 visa without any issues. You will do OK. Go for stamping.
NO MATTER WHAT YOU DO, DO NOT LEAVE THE COUNTRY WITHOUT GETTING LEGAL ADVISE.
You have been out of status for 3 years. If the consular officer finds this out, you could be banned for 10 yrs. This is a very serious issue, I hope you consult an attorney before planning to leave the country. I am not sure why you took so long to convert to H4. My best wishes to you anyway..
NO MATTER WHAT YOU DO, DO NOT LEAVE THE COUNTRY WITHOUT GETTING LEGAL ADVISE.
You have been out of status for 3 years. If the consular officer finds this out, you could be banned for 10 yrs. This is a very serious issue, I hope you consult an attorney before planning to leave the country. I am not sure why you took so long to convert to H4. My best wishes to you anyway..
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GCBy3000
06-18 02:17 PM
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Thanks in advance!
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Thanks in advance!
more...
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GC_ki_daud
03-13 03:17 PM
bump
Please help with a reply
Please help with a reply
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roseball
07-28 04:32 PM
Roseball and sumkum,
Thanks for the reply. One more question. What is the validity date of your new AP? Does it start from the date of your current AP expiration date or is it from the date of approval.
My new AP starts from the date my current AP expires.
Thanks for the reply. One more question. What is the validity date of your new AP? Does it start from the date of your current AP expiration date or is it from the date of approval.
My new AP starts from the date my current AP expires.
more...
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GCBy3000
07-18 04:46 PM
This is ridiculous for the JUNE 2001 PD. They kept it and slept on it all these years and now denied without notice.
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
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rickys_in
06-03 12:21 PM
I am Confused Too -- Why Are People Sending DL and Passport Copies.
It Clear Says do NOT send any Identification Copies Unless requested by USCIS
I am not sending the DL and Passport copies.
It Clear Says do NOT send any Identification Copies Unless requested by USCIS
I am not sending the DL and Passport copies.
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keepwalking
05-14 03:23 PM
Thank you very much for your prompt reply.
You mentioned your friend has added his wife to his green card application. Can you please let me know which Center (Texas or Nevada) is processing her I-485.
You are right. It would take approximately 9-12 months before she can get her GC. A friend of mine in the same situation. He added his wife to the GC application last year when PD was current. He got his GC in August 2010, but his wife is still waiting for the GC. It all depends on 485 processing dates and FBI name check etc....but she will get EAD/AP in few months....
You mentioned your friend has added his wife to his green card application. Can you please let me know which Center (Texas or Nevada) is processing her I-485.
You are right. It would take approximately 9-12 months before she can get her GC. A friend of mine in the same situation. He added his wife to the GC application last year when PD was current. He got his GC in August 2010, but his wife is still waiting for the GC. It all depends on 485 processing dates and FBI name check etc....but she will get EAD/AP in few months....
redelite
08-20 01:33 PM
Okay so here is my first draft of the YA RLY owl..
http://www.kirupa.com/forum/attachment.php?attachmentid=47604&stc=1&d=1219253829
I think I tried to be a little too detailed though :-/
http://www.kirupa.com/forum/attachment.php?attachmentid=47604&stc=1&d=1219253829
I think I tried to be a little too detailed though :-/
unseenguy
01-21 02:42 AM
Hello Friends,
Current Situation:
-I am on my 10th years in USA and started using my EAD 1 year before
-My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
-I485 pending for more than 2 years (so I am beyond 180 days limit)
-I140 is approved.
-I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)
Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.
1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?
2) Or should be a safer side to use the AC21?
Thanks for your help on this
Vel
Trick question. Are you testing our knowledge of law?
AC-21 can be used for job in same or similar occupation.
Also since green card is for future purposes, your employer A can still support you in terms of documentary evidence, but it will be upto the lawyer to convince the USCIS.
Current Situation:
-I am on my 10th years in USA and started using my EAD 1 year before
-My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
-I485 pending for more than 2 years (so I am beyond 180 days limit)
-I140 is approved.
-I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)
Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.
1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?
2) Or should be a safer side to use the AC21?
Thanks for your help on this
Vel
Trick question. Are you testing our knowledge of law?
AC-21 can be used for job in same or similar occupation.
Also since green card is for future purposes, your employer A can still support you in terms of documentary evidence, but it will be upto the lawyer to convince the USCIS.
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