Rakson
03-03 06:58 PM
You have added important point for consideration. Thanks!
I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...
A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
Rajeev >> Yes, its possible if revoke is not due to fraud filing..
1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?
Rajeev >> No, this is not true. USCIS is still approving as before.
2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.
Rajeev >> Yes, this could happen as every filing is new and handled from starting.
3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?
Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.
4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).
Rajeev >> No, L2+EAD period is not counted like H1 & L1.
I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...
A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
Rajeev >> Yes, its possible if revoke is not due to fraud filing..
1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?
Rajeev >> No, this is not true. USCIS is still approving as before.
2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.
Rajeev >> Yes, this could happen as every filing is new and handled from starting.
3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?
Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.
4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).
Rajeev >> No, L2+EAD period is not counted like H1 & L1.
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bigboy007
12-10 01:59 PM
In any fashion of THese threads everyones comment :
"which should match/similar to your GC labor"
WHich is a very generalized statement.
I am in this boat : Please advice me on the options:
1. Pd 2004 : GCLABOR 1.5 yrs exp : Its a pretty generic Labor which says "evaluating requests , planning , designing etc" with title of Programmer analyst.
2. I have my 140 approved , 485 pending will complete 180 day mark by dec 29. Now i am NOT on EAD neither want to be.
3. I have new opportunity where company is offering me a good pay range + they are ok with filing H1b . But job role is different like " Software Architect".
Now i am caught up in saying how i am using "AC21" when i transfer H1b what happens to my AOS? what should i do to keep it alive ? what are my options ?
Kindly help i am lost. Current GC labor etc is all for future employment how am i leveraging these two. Please help .... please help.
"which should match/similar to your GC labor"
WHich is a very generalized statement.
I am in this boat : Please advice me on the options:
1. Pd 2004 : GCLABOR 1.5 yrs exp : Its a pretty generic Labor which says "evaluating requests , planning , designing etc" with title of Programmer analyst.
2. I have my 140 approved , 485 pending will complete 180 day mark by dec 29. Now i am NOT on EAD neither want to be.
3. I have new opportunity where company is offering me a good pay range + they are ok with filing H1b . But job role is different like " Software Architect".
Now i am caught up in saying how i am using "AC21" when i transfer H1b what happens to my AOS? what should i do to keep it alive ? what are my options ?
Kindly help i am lost. Current GC labor etc is all for future employment how am i leveraging these two. Please help .... please help.
keerthi
04-04 04:28 AM
So should we withdraw the appeal and re-file? Would that make sense at all?
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dealsnet
11-09 10:13 AM
You can check all LUD and all statistics by google. Add your case after log into google. see the link for details
http://imminav.com/gadgets.php
http://imminav.com/gadgets.php
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ibbu_arif
11-17 03:03 PM
Thanks for your replies.
Yes, I understood AP approvals cannot be posted to Outside US. You have to be physically present in US while it gets approved.
But one thing is NOT clear from the "rsdang's" statement "Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval... "..
"Are you referring to AP extension petition or the Original GC petition?"
Any other opinions from other Gurus of the forum?
I checked with my attorney and he confirmed that there shouldn't be any issue with the AOS petition. But he didn't confirm what will happen to my AP extension petition. I am still waiting for his response.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Looking at this PDF doc, there doesn't seem to be requirement that you need to have the AP to travel as long as you have valid H1B stamping.
Yes, I understood AP approvals cannot be posted to Outside US. You have to be physically present in US while it gets approved.
But one thing is NOT clear from the "rsdang's" statement "Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval... "..
"Are you referring to AP extension petition or the Original GC petition?"
Any other opinions from other Gurus of the forum?
I checked with my attorney and he confirmed that there shouldn't be any issue with the AOS petition. But he didn't confirm what will happen to my AP extension petition. I am still waiting for his response.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Looking at this PDF doc, there doesn't seem to be requirement that you need to have the AP to travel as long as you have valid H1B stamping.
ryan
02-03 04:09 PM
That is correct. Mixing and matching with certifications doesn't work. Although I don't know about CPA, if it goes towards professional degree.
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
more...
qasleuth
05-06 11:02 PM
Dear IV Members,
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
This is just horrible that you had to go through such an ordeal. In my opinion: There is no need to educate anybody. If they disrespected something you believe in, then shame on them.
If you are innocent the most important thing to remember in such a situation is giving consent to 'search'. Once you give consent then you might lose the right to fight against such an infraction. If you did not give consent and they 'forced' themselves into your apartment then it is against your fourth amendment rights. Now the next question you might want to ask yourself: Now that the incident happened, what do you want to do about it? If you do not want to spend money on a lawyer, contact your local ACLU or NAACP chapter and seek advice. You have every right to do what needs to be done to feel better after being abused. And more importantly, when you lodge a complaint (after seeking advice from ACLU guys and/or lawyer) it triggers action, hopefully those officers will get some kind of training on respecting other cultures.
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
This is just horrible that you had to go through such an ordeal. In my opinion: There is no need to educate anybody. If they disrespected something you believe in, then shame on them.
If you are innocent the most important thing to remember in such a situation is giving consent to 'search'. Once you give consent then you might lose the right to fight against such an infraction. If you did not give consent and they 'forced' themselves into your apartment then it is against your fourth amendment rights. Now the next question you might want to ask yourself: Now that the incident happened, what do you want to do about it? If you do not want to spend money on a lawyer, contact your local ACLU or NAACP chapter and seek advice. You have every right to do what needs to be done to feel better after being abused. And more importantly, when you lodge a complaint (after seeking advice from ACLU guys and/or lawyer) it triggers action, hopefully those officers will get some kind of training on respecting other cultures.
2010 Download Jan-June 2011 Pages
sreeanne
11-13 04:28 PM
Dont worry. You are about to get your FP notices :o
more...
bestia
08-03 08:15 PM
How tempting to change few words, add few dates, add few signatures, etc.. so the case looks better.. and then all of a sudden we hear messages like "Please help!!! my H1/LC/485 denied, back in 2004/2001/1997 we applied and did or didn't... please help!!!"
Be firm in your documents. If you don't like your documents, so be it. Send USCIS whatever you have, but the truth. In worst case scenario you will get RFEs, so what? Respond that this is what you have. Don't be creative, just use what you have. When I was in embassy I took only what was necessary and for any request to any other document I answered "I don't have it". Officer was pissed, but he approved - he had no reason to deny.
For the same reasons my lawyer insisted on EB3 for me, although I could go for EB2, but I knew, that I will have problems getting good letters from my previous employer.
Be firm in your documents. If you don't like your documents, so be it. Send USCIS whatever you have, but the truth. In worst case scenario you will get RFEs, so what? Respond that this is what you have. Don't be creative, just use what you have. When I was in embassy I took only what was necessary and for any request to any other document I answered "I don't have it". Officer was pissed, but he approved - he had no reason to deny.
For the same reasons my lawyer insisted on EB3 for me, although I could go for EB2, but I knew, that I will have problems getting good letters from my previous employer.
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rb_248
04-10 04:41 PM
USCIS RELEASES PRELIMINARY NUMBER OF FY 2009 H-1B CAP FILINGS
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
USCIS expects next week it will conduct the computer-generated random selection process, beginning with the selection of the 20,000 petitions under the advanced degree exemption. Those petitions not selected under the advanced degree category will join the random selection process for the cap-subject 65,000 limit.
USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register. USCIS will provide regular updates as the processing of FY 2009 H-1B cap cases continues.
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
USCIS expects next week it will conduct the computer-generated random selection process, beginning with the selection of the 20,000 petitions under the advanced degree exemption. Those petitions not selected under the advanced degree category will join the random selection process for the cap-subject 65,000 limit.
USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register. USCIS will provide regular updates as the processing of FY 2009 H-1B cap cases continues.
more...
needhelp!
02-18 02:44 PM
Just a gentle reminder to post us an update if you've got some by now.
Also he is against H1b Mis-use. Now does he understand PPL like us in Middle of Nowhere.
Also he is against H1b Mis-use. Now does he understand PPL like us in Middle of Nowhere.
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alg
12-11 01:47 PM
The first time, my husband and I were asked all kinds of questions by the secondary CIS officer at LAX, and was asked NOT to do our own copies of the original AP, that we are not supposed to do copies of official documents. He kept and use our copies anyway. The stamp in the AP extended it for a year after this entry.
Two weeks later, upon arriving again at LAX, the secondary CIS officer did not ask any questions and did not make copies of the AP. We just got another stamp on the original one extending its validity again for one year from date of entry. It went pretty fast.
Two weeks later, upon arriving again at LAX, the secondary CIS officer did not ask any questions and did not make copies of the AP. We just got another stamp on the original one extending its validity again for one year from date of entry. It went pretty fast.
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meg_z
08-04 03:41 PM
guys many of us are considering going back to india.. any idea on whether those who have 40 credits will be eligible for social security from india...
also any adivice o what is the best way to transfer 401 to india.. withdraw immeditately or wait till 591/2 years..
Not sure about SS benefit. You can't do anything anyway with it now. If you are young, consider it gone even if you were US citizen at the moment.
If you withdraw your 401K now, you will have to pay taxes, plus 10% penalty probably. Depanding on your employer's 401K program policy, some allows money to stay if it exceeds certain minimum. Be sure to check the vesting policy. You can always roll it over to an IRA of your choice.
also any adivice o what is the best way to transfer 401 to india.. withdraw immeditately or wait till 591/2 years..
Not sure about SS benefit. You can't do anything anyway with it now. If you are young, consider it gone even if you were US citizen at the moment.
If you withdraw your 401K now, you will have to pay taxes, plus 10% penalty probably. Depanding on your employer's 401K program policy, some allows money to stay if it exceeds certain minimum. Be sure to check the vesting policy. You can always roll it over to an IRA of your choice.
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dollar500
04-10 06:23 PM
Moonlighting will be acceptable easily as long as it's on the code internist. Problem is some fellowships are so demanding that you wont be able to moonlight as an internist. If you can figure this out smoothly and yr employer agrees nothing is better. Good thought.
HI I am a physician (hospitalist) whose labor was under the catagory 'Internist' job code. The fellowship I am considering is open only to internist. I am also planning to moonlight as an internist while in fellowship. Would it be acceptable from the I485 point of view? Incidentally my I140 was approved more the 180 days ago.
HI I am a physician (hospitalist) whose labor was under the catagory 'Internist' job code. The fellowship I am considering is open only to internist. I am also planning to moonlight as an internist while in fellowship. Would it be acceptable from the I485 point of view? Incidentally my I140 was approved more the 180 days ago.
more...
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FinalGC
05-12 05:02 PM
hopefulgc:
Are you willing???
Are you willing???
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binadh
10-15 03:23 PM
Just gotta call from the lawyer's office. PERM is approved today after more than 15 months. :D
Still waiting for the physical letter to arrive -- We'll see how many more hurdles are there. I'm just glad that I don't have to deal with DOL.
Original filing - Jun 17th 07
Query response - Nov 2nd 07
Approved - today
Filed at Atlanta service center
EB2 ROW
Thanks.
Still waiting for the physical letter to arrive -- We'll see how many more hurdles are there. I'm just glad that I don't have to deal with DOL.
Original filing - Jun 17th 07
Query response - Nov 2nd 07
Approved - today
Filed at Atlanta service center
EB2 ROW
Thanks.
more...
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nagkad
09-03 12:19 AM
Got approval today.
first received CPO email and later received welcome email.
PD:12/14/2007
ND:09/11/2007
RD:08/01/2007
first received CPO email and later received welcome email.
PD:12/14/2007
ND:09/11/2007
RD:08/01/2007
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eyeopeners05@yahoo.com
06-02 03:59 PM
can i get a h1 done from a desi employer just to protect the h4 status and join the other company thats offering me a job with my ead.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
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Jen2010
12-06 04:55 PM
Dear BimmerFan,
Thank you very much for sharing your experience !!
I am in F-1 Visa and finishing my PhD and I have recently received a job offer to start next June.
The J1 waiver process is related to two visas J-1 that I had before I applied to the PhD program: I came to US in 2006 as exchange visitor scholar to do a research project for six months at X University with a J-1 visa, after this I came back to my country for 1 month and applied to another J-1 visa from August'06 through Dec'06 because I was invited again to continue doing research at this university (while applying to the PhD); after this I went my country and changed my visa to F-1 to start my PhD studies. I was aware that all J-1 visas have a restriction called two-year rule "INA 212(e)" but I did not have any problem to issue my F-1 visa in 12/2006.
Recently, I have found out that I need to issue a waiver for the two-year rule in order to be able to apply to a visa H-1B that my employer will sponsor after my OPT. I am preparing to apply now to the waiver, asking a No Objection Statement (NOS) from my embassy, I was planning to send the application next week to so that it doesn't delay my H-1 visa application next year and I don't have money to pay an attorney so I wanted to send it myself.
I am not sure if I should mention or not my offer of employment as one of the reasons of requesting the waiver ? Do you think it could be good or bad ??
Do you think I should pay an attorney ? of it is okay to do it independently ?
I do not have any commitment with my home country and I have not received any sponsorship from my country or US government during these programs. This rule applied to me because my profession is written in the Exchange Visitor Skill List of the US. Department of State.
Please advise,
Thanks !!!
Thank you very much for sharing your experience !!
I am in F-1 Visa and finishing my PhD and I have recently received a job offer to start next June.
The J1 waiver process is related to two visas J-1 that I had before I applied to the PhD program: I came to US in 2006 as exchange visitor scholar to do a research project for six months at X University with a J-1 visa, after this I came back to my country for 1 month and applied to another J-1 visa from August'06 through Dec'06 because I was invited again to continue doing research at this university (while applying to the PhD); after this I went my country and changed my visa to F-1 to start my PhD studies. I was aware that all J-1 visas have a restriction called two-year rule "INA 212(e)" but I did not have any problem to issue my F-1 visa in 12/2006.
Recently, I have found out that I need to issue a waiver for the two-year rule in order to be able to apply to a visa H-1B that my employer will sponsor after my OPT. I am preparing to apply now to the waiver, asking a No Objection Statement (NOS) from my embassy, I was planning to send the application next week to so that it doesn't delay my H-1 visa application next year and I don't have money to pay an attorney so I wanted to send it myself.
I am not sure if I should mention or not my offer of employment as one of the reasons of requesting the waiver ? Do you think it could be good or bad ??
Do you think I should pay an attorney ? of it is okay to do it independently ?
I do not have any commitment with my home country and I have not received any sponsorship from my country or US government during these programs. This rule applied to me because my profession is written in the Exchange Visitor Skill List of the US. Department of State.
Please advise,
Thanks !!!
gcformeornot
04-07 01:08 PM
http://www.cilawgroup.com/wp-content/uploads/2010/04/AAO-Decision-re-Substituted-LC.pdf
gc_check
06-26 03:23 PM
trying go get an answer if any one can give some insight?
Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.
Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.
Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.
Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.
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