anuh1
03-25 01:53 PM
Yes you can recapture. Most of the people do the same way if they dont have enough time.
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gcnirvana
06-18 05:06 PM
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
kumar_77
06-15 09:16 AM
I have been a contributing for a long time and i will do to do so , there are lot of people still struck in back log , who supported us from the beginning , and more over we are filing 485 ....we still have a long way to go remember..
kumar
kumar
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dce.deepak
09-30 04:05 PM
it doesn't make much sense even after google translation. If you understand then can you please translate. I want to know what other people are planing in that forum
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sc3
08-28 12:43 PM
When they say "Continued Heavy Demand", what does it mean? Howcome there can be demand with Older Priority Dates? Labor Substitution is no longer possible so there can't be new demand with Older PD. So howcome PD goes back? Does anybody have insight into that?
Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
chintu25
09-22 04:50 PM
Spoke to Aide of John Conyers (D-Mich.), Chairman
He is in Favor of the bill so do not call him
And yes I gave Green all those who got Red dots for motivating people :)
He is in Favor of the bill so do not call him
And yes I gave Green all those who got Red dots for motivating people :)
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sk.aggarwal
02-08 07:58 PM
Good. Just make sure the lawyers are eligible to practice employment law in the state you have been sued in. Stay cool and just make sure this gets resolved ASAP. Attorney and law suits are very expensive and can run into several thousand dollars if you drag it longer. Save the trouble, hire an attorney with clear mandate to negotiate with your employer's attorney. Courts also provide an arbitration process. Tell your attorney that you don't have money and what will be the cheapest and fastest way to resolve this. See where it goes.
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sircaustic
07-24 08:25 AM
Immigrant petition was filed only for me. However, AoS has been filed for the entire family. So in my opinion the answers to three questions sholuld be 1 - No, 2- No, 3- Yes.- Would that be Correct?
Since the primary applicant of form I-539 is my wife, i wasn't sure if there should be a mention of my immigrant petition when describing the circumstances on a separate sheet of paper. Should I add receipt number of form I-485 or attach a copy of the form as support documents?
Thanks!
Since the primary applicant of form I-539 is my wife, i wasn't sure if there should be a mention of my immigrant petition when describing the circumstances on a separate sheet of paper. Should I add receipt number of form I-485 or attach a copy of the form as support documents?
Thanks!
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gcdreamer05
08-05 04:44 PM
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
Instead of asking such questions, go ahead first and file something as soon as you can, because there are other people who are filing in EB1, 2,3, family based etc etc etc... while you are just posting....
Always eb2 better than eb3, some of my friends who filed in 2002 eb3 have still not got GC, if you file in 2008 may be you will get it in 2015-2016... wow a long time.......
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
Instead of asking such questions, go ahead first and file something as soon as you can, because there are other people who are filing in EB1, 2,3, family based etc etc etc... while you are just posting....
Always eb2 better than eb3, some of my friends who filed in 2002 eb3 have still not got GC, if you file in 2008 may be you will get it in 2015-2016... wow a long time.......
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immilaw
09-21 01:46 PM
I think we need the limit to go or at least double. I think the best way to make the congress and also the american voters happy is to NOT increase the visa numbers or bring in SKILL bill but to increase the existing 7% limit. This way they will be happy as the same number of ppl are getting PR and we will be happy as the priority dates will move forward.
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bang
08-19 09:16 AM
Dear Friend
Look at my signature, my case is very similar to yours, (PD Nov 2002). I guess DOL has messed up few cases during that time (Dallas). My labor application was also closed in 2005 due to non response. I had found out by sending an email to the BEC and they had replied with a screen shot.
How did it get resolved - Everything has to be done by your lawyers, they have to send the proof of reply for 45 day letter ( Fedex / ups etc dated back then) only then DOL will reopen you case, once they reopen a desicion will be made very soon. Work with you lawyer OR your company , he / she is the only person who can get you back on track. I guess is your lawyer has messed up for sure, try your company represenative to help you in this matter, because they are the only people who can talk to DOL
Bang
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
Look at my signature, my case is very similar to yours, (PD Nov 2002). I guess DOL has messed up few cases during that time (Dallas). My labor application was also closed in 2005 due to non response. I had found out by sending an email to the BEC and they had replied with a screen shot.
How did it get resolved - Everything has to be done by your lawyers, they have to send the proof of reply for 45 day letter ( Fedex / ups etc dated back then) only then DOL will reopen you case, once they reopen a desicion will be made very soon. Work with you lawyer OR your company , he / she is the only person who can get you back on track. I guess is your lawyer has messed up for sure, try your company represenative to help you in this matter, because they are the only people who can talk to DOL
Bang
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
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vxb2004
04-28 09:21 PM
I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.
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waitin_toolong
04-18 10:14 PM
Greg Siskind on Immigration Law and Policy: WHAT TO DO IF THE ICELAND VOLCANO IS DELAYING YOUR DEPARTURE (http://blogs.ilw.com/gregsiskind/2010/04/what-to-do-if-the-iceland-volcano-is-delaying-your-departure.html)
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prashantkh
08-22 01:30 PM
Also, if you are planning to start on your own you can only have a 'C' corporation but there will be two levels of taxation, meaning first the corporation's income will be taxed and then individual's income.
Whereas, if you partner with a US Citizen or a permanent resident you can start a 'S' corporation which only has single level of taxes.
But in my opinion if carefully thought and executed it still is worth it, as you would get some postive cashflow (hopefully), if you sit idle nothing. :)
PK
Whereas, if you partner with a US Citizen or a permanent resident you can start a 'S' corporation which only has single level of taxes.
But in my opinion if carefully thought and executed it still is worth it, as you would get some postive cashflow (hopefully), if you sit idle nothing. :)
PK
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nogc_noproblem
03-16 12:37 PM
Well said, if we always worry about the exceptions, then there won�t be any peace in life.
I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.
I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.
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insight08
01-15 11:08 AM
Lazycis,
I sent you a pm requesting you to take a look at my situation. Would you be kind enough to give it a glance and let me know your opinion?
Thanks.
I sent you a pm requesting you to take a look at my situation. Would you be kind enough to give it a glance and let me know your opinion?
Thanks.
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hibworker
09-22 03:18 PM
Starting EB2 process will be the same as EB3 process. Your company should have a position open that requires atleast Masters degree or Bachelor + 5 years experience. They'll have to go through recruitment process and document that no US citizen or PR was available to fill the position and then file PERM.
Your EB3 applicaiton will not be affected by this new application.
The whole process upto I-140 may cost $10k-15k
Your EB3 applicaiton will not be affected by this new application.
The whole process upto I-140 may cost $10k-15k
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roseball
01-18 01:34 PM
If "if you re-enter US before your extension is valid" is not the case then following is my experience.
Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.
You are right, I stand corrected. I was referring to the scenario when trying to re-enter on the current VISA stamp without getting a new VISA stamp and expecting to get an I-94 till the validity of the approved extension.
Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.
You are right, I stand corrected. I was referring to the scenario when trying to re-enter on the current VISA stamp without getting a new VISA stamp and expecting to get an I-94 till the validity of the approved extension.
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beautifulMind
10-08 04:43 PM
Came across the same issue and was reffered to a top immigration lawyer who advised as posted by me above
Thanks GCPool. i will probably go with the 485 EAD to be Safe plus logically it makes sense too to sue 485 EAD because once applied for 485 that is your current status...Infact if you contact the school and tell them you are a 485 adjustee they may cancel your EAD OPT
Thanks GCPool. i will probably go with the 485 EAD to be Safe plus logically it makes sense too to sue 485 EAD because once applied for 485 that is your current status...Infact if you contact the school and tell them you are a 485 adjustee they may cancel your EAD OPT
rksaigal
06-19 05:48 PM
Let me enlighten you folks here who are talking about double standards.
First of all this has got nothing to do with with your immigration issue. Next, the Iranian President has said that Israel should not exist and even denied the holocaust. With their nuclear program underway and talks going on, it was being thought that a more moderate leader will come to helm. Apparently it is now being believed that the elections were rigged. With a moderate leader, it is quite possible that talks may begin and an imminent Israel-Iran war be averted. How can 11 million votes be rigged? If they are counted fast in a few hours, yes they can be rigged.
Every country has issues that their population follows. Its no different than any issue that is followed in Indian media. When one issue dies down, another is brought in forefront. Why are you even surprised?
First of all this has got nothing to do with with your immigration issue. Next, the Iranian President has said that Israel should not exist and even denied the holocaust. With their nuclear program underway and talks going on, it was being thought that a more moderate leader will come to helm. Apparently it is now being believed that the elections were rigged. With a moderate leader, it is quite possible that talks may begin and an imminent Israel-Iran war be averted. How can 11 million votes be rigged? If they are counted fast in a few hours, yes they can be rigged.
Every country has issues that their population follows. Its no different than any issue that is followed in Indian media. When one issue dies down, another is brought in forefront. Why are you even surprised?
indyanguy
08-07 10:43 AM
While I agree that yours is a genuine case, I must say that you are asking a wrong question. How do one know when would your recipt come out from USCIS? No one has a crystal ball dude...Think before you send out a question there.....
I understand that one cannot guess when USCIS sends out receipts. All I wanted to know was if there will be different receipts sent out for LC/140/485 and if the processing will be done simultaneously or separately.
I understand that one cannot guess when USCIS sends out receipts. All I wanted to know was if there will be different receipts sent out for LC/140/485 and if the processing will be done simultaneously or separately.
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