gc_chahiye
10-17 12:13 AM
I am in a confused situation, any thoughts / guidelines are greatly appreciated..
The question is : If my h1 is with company A and my GC is applied for future employment by company B, can I use EAD to take up full time employment with company C (or Self) ?
The full story is : The client company, I am working with is processing my GC for future employment. 485 was applied and I received EAD. It has come up that the current employer has an agreement with the client that , the client should not employ any of their employees for 1 yr after the termination. So, I need to quit the current employment, work else where for a year and then join the GC sponsering company.The I140 will not be revoked.
Since I am not currently working for GC sponsring company, does any of the AC21 issues matter ?
Thanks in advance
yes you can take up employment with C. If you get an RFE at any point within the next 180 days make sure B can give you an employment offer letter. post 180 days you can invoke AC-21 if you want and use C as your GC-Sponsoring employer.
The question is : If my h1 is with company A and my GC is applied for future employment by company B, can I use EAD to take up full time employment with company C (or Self) ?
The full story is : The client company, I am working with is processing my GC for future employment. 485 was applied and I received EAD. It has come up that the current employer has an agreement with the client that , the client should not employ any of their employees for 1 yr after the termination. So, I need to quit the current employment, work else where for a year and then join the GC sponsering company.The I140 will not be revoked.
Since I am not currently working for GC sponsring company, does any of the AC21 issues matter ?
Thanks in advance
yes you can take up employment with C. If you get an RFE at any point within the next 180 days make sure B can give you an employment offer letter. post 180 days you can invoke AC-21 if you want and use C as your GC-Sponsoring employer.
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hmehta
05-23 10:35 PM
Because if the person applying via EB based Green Card is married and if has children that many number of visas are used up when his application is approved, so even the petition was done for just 1 person, possibly, 2-3 unnecessary visas are being used up.
yetanotherimmigrant
11-08 04:58 PM
Here is s tricky situation :
8th Year H1 extension applied by current company. Still in process, should be approved in Nov 2006.
Can I transfer to a new company using this H1 ?
8th Year H1 extension applied by current company. Still in process, should be approved in Nov 2006.
Can I transfer to a new company using this H1 ?
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GC_holder_tos
08-15 04:13 PM
Hi,
My parents got their second Re-entry Permit approved (applied through Application I-131) in first week of Jan 2008. This rentry permit is valid for 2 years (i.e. till Jan 2010). They had applied for the second Re-entry Permit on 16th Feb 2007. And after applying it they left 19th Feb 2007.
They are planning to return to US in Jan 2010 before the Re-entry Permit expiration. I read on this and other forums that with Re-entry Permit a US resident can live outside for more than 1 year and less than 2 years.
In my parent's case, when they will return back to US in Jan 2010, they will already have spend 3 years outside US.
I was concerned that the 2 year stay limit will be counted from the day my parents left US or the day when the Re-entry Permit got approved?
Secondly, Is there any limit on number of times a Re-Entry Permit can be applied?
My parents got their second Re-entry Permit approved (applied through Application I-131) in first week of Jan 2008. This rentry permit is valid for 2 years (i.e. till Jan 2010). They had applied for the second Re-entry Permit on 16th Feb 2007. And after applying it they left 19th Feb 2007.
They are planning to return to US in Jan 2010 before the Re-entry Permit expiration. I read on this and other forums that with Re-entry Permit a US resident can live outside for more than 1 year and less than 2 years.
In my parent's case, when they will return back to US in Jan 2010, they will already have spend 3 years outside US.
I was concerned that the 2 year stay limit will be counted from the day my parents left US or the day when the Re-entry Permit got approved?
Secondly, Is there any limit on number of times a Re-Entry Permit can be applied?
more...
tcsonly
07-24 11:43 AM
Can you please point me to the thread? Thank you.
Take some time to search the forums before starting new threads.
The answer to your question is under Greencard retrogression. It's the first sticky thread with title: " All Priority date transfers and issues discussed here".
Admins: Please close this thread.
-C.
Take some time to search the forums before starting new threads.
The answer to your question is under Greencard retrogression. It's the first sticky thread with title: " All Priority date transfers and issues discussed here".
Admins: Please close this thread.
-C.
raysaikat
10-20 03:32 AM
My wife is maintaining her H4 status since Feb 07 and last entered US on H4 visa in July 2010, we have our EAD cards based on pending I485 filed in Aug 07. Her AP is valid till Jan 2011 and I am on H1B. she started working on EAD couple of weeks ago.
My question is: does the fact that she entered last on H4 affects her ability to work on EAD? Will it cause any problems in I485 approval.
Since she is working on EAD, her status is no longer H4 (the new status is AOS, so to speak). Other than that, there is no issue.
My question is: does the fact that she entered last on H4 affects her ability to work on EAD? Will it cause any problems in I485 approval.
Since she is working on EAD, her status is no longer H4 (the new status is AOS, so to speak). Other than that, there is no issue.
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Blog Feeds
04-28 01:30 AM
Hotel News Now, a leading Global Hospitality publication, ran a two-part series about staffing challenges facing the U.S. hotel industry. I was honored to be interviewed by the publication and share my insights on the problems facing hospitality employer in these challenging times.
With the level of unemployment about 8.5 percent, why do hotels still need foreign workers? There are various reasons, from location to the attitudes of American workers. And changes in schedules and lifestyle have affected one of the former staples of summer work�students.
The situation is bad for staffing professionals in the industry, said Jacob Sapochnick, a San Diego, California-based lawyer whose practice is devoted to immigration law. �Even though they can hire local people, they can never rely on them for the full term,� he said. �If you have a large hotel, need 50 housekeepers and hire locally, the turnover is very high. They find a better job or one that pays more. When you have H-2B workers, they know they have them for 10 months. Their visa depends on them working at that hotel.�
The more turnover, the less likely the hotel will function properly, Sapochnick said.
Read the entire article here... (http://www.hotelnewsnow.com/articles.aspx?ArticleId=1030&PageType=OnTheJob&ArticleType=8)
The second article in the series titled, Changes make H-2B visa program more challenging for hotels, click to read here (http://www.hotelnewsnow.com/Articles.aspx?ArticleId=1022)
More... (http://www.visalawyerblog.com/2009/04/h2b_visas_unemployment_rate_no.html)
With the level of unemployment about 8.5 percent, why do hotels still need foreign workers? There are various reasons, from location to the attitudes of American workers. And changes in schedules and lifestyle have affected one of the former staples of summer work�students.
The situation is bad for staffing professionals in the industry, said Jacob Sapochnick, a San Diego, California-based lawyer whose practice is devoted to immigration law. �Even though they can hire local people, they can never rely on them for the full term,� he said. �If you have a large hotel, need 50 housekeepers and hire locally, the turnover is very high. They find a better job or one that pays more. When you have H-2B workers, they know they have them for 10 months. Their visa depends on them working at that hotel.�
The more turnover, the less likely the hotel will function properly, Sapochnick said.
Read the entire article here... (http://www.hotelnewsnow.com/articles.aspx?ArticleId=1030&PageType=OnTheJob&ArticleType=8)
The second article in the series titled, Changes make H-2B visa program more challenging for hotels, click to read here (http://www.hotelnewsnow.com/Articles.aspx?ArticleId=1022)
More... (http://www.visalawyerblog.com/2009/04/h2b_visas_unemployment_rate_no.html)
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mkarothi
07-11 05:41 PM
Hi,
I am in the following situation.
1. I am going to complete my 6yrs of stay ( L1 period + H1 period) in USA by Dec 2008 (after adding my vacation time in India).
2. I got H1 valid till June 2010 and got stamped on passport that valid till June 2010.
( USCIS approved H1 for me till 2010 eventhou I complete 6yrs by end of 2008)
3. My LC was electronically filed in September 2007 in EB2 category in Chicago DOL. Got Audit in October 2007 on Business Necessity ground and was replied within due date.
4. After several months of waiting (Audit response was accepted), it was denied on the following reason. "The internal job posting was not as per the DOL regulations".
5. My Lawyer said, the notice that was submitted was in the proper format-the exact format specified by the regulations that applied for reconsideration
He also mentioned that, he filed LC for other candidates with same job posting and got approval on their cases.
6. Now, Atlanta is processing all permanent Labors. As there is a huge back log at Atlanta processing center, My lawyer suggested to apply a new application rather waiting on this reply.
7. we need wait another 2 months ( for job ads and wait for response ) before even we can apply for new LC. even we apply some time in September 2008. I should get an approval immediately (as I am going to complete 6 yrs) otherwise I will be in trouble.
Given the scenario, what are my options as I am on time crunch.....?
Any suggestions greatly appreciated.
I am in the following situation.
1. I am going to complete my 6yrs of stay ( L1 period + H1 period) in USA by Dec 2008 (after adding my vacation time in India).
2. I got H1 valid till June 2010 and got stamped on passport that valid till June 2010.
( USCIS approved H1 for me till 2010 eventhou I complete 6yrs by end of 2008)
3. My LC was electronically filed in September 2007 in EB2 category in Chicago DOL. Got Audit in October 2007 on Business Necessity ground and was replied within due date.
4. After several months of waiting (Audit response was accepted), it was denied on the following reason. "The internal job posting was not as per the DOL regulations".
5. My Lawyer said, the notice that was submitted was in the proper format-the exact format specified by the regulations that applied for reconsideration
He also mentioned that, he filed LC for other candidates with same job posting and got approval on their cases.
6. Now, Atlanta is processing all permanent Labors. As there is a huge back log at Atlanta processing center, My lawyer suggested to apply a new application rather waiting on this reply.
7. we need wait another 2 months ( for job ads and wait for response ) before even we can apply for new LC. even we apply some time in September 2008. I should get an approval immediately (as I am going to complete 6 yrs) otherwise I will be in trouble.
Given the scenario, what are my options as I am on time crunch.....?
Any suggestions greatly appreciated.
more...
Mahatma
06-19 02:20 PM
Dear IVians,
Thanks for your response!
Information referred to was very neat. Pretty much I have decided to not send original passports BUT instead notarized copies.
It was a good call indeed!
It is ironic that our embassy/consulate is not quite upto our expectations.
Things don't change as quickly.
This info. was very crucial. Thanks again.
Thanks for your response!
Information referred to was very neat. Pretty much I have decided to not send original passports BUT instead notarized copies.
It was a good call indeed!
It is ironic that our embassy/consulate is not quite upto our expectations.
Things don't change as quickly.
This info. was very crucial. Thanks again.
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apahilaj
07-19 09:04 PM
Dear all,
I just realized that my lawyer forgot to mention A# in my 485 application. I have an approved I140 and the approval notice does have A# mentioned on it.
Does any one in this forum know if I am in trouble? I have sent a copy of my I-140 approval notice in my application though.
Any thoughts/experience?
Regards,
I just realized that my lawyer forgot to mention A# in my 485 application. I have an approved I140 and the approval notice does have A# mentioned on it.
Does any one in this forum know if I am in trouble? I have sent a copy of my I-140 approval notice in my application though.
Any thoughts/experience?
Regards,
more...
harrydr
09-11 11:52 PM
My understanding is in current times, you cannot file I-140 and I-485 concurrently. Did you file your I-140 and I-485 together in 2008?
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bostonian28
02-20 01:12 PM
So TSC advanced by 1 week in 1 month or so ? I wonder how many cases they have appoved in the last month or so.
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ps57002
07-20 07:39 PM
Wondering if a little something when filing my taxes will backfire on me when filing I-140/485.
I'm single/no dependents but for past 4 yrs or so when filing taxes have showed 2 dependents for child tax credit (no earned income credit applied for)....my niece/nephew. My bro had full knowledge and he had suggested as due to his status in US, he is not required to file taxes. Sis in law not working, so not filing taxes. So i used to do that....
It won't come to bite me right???? ok i am never doing this from now on but is it too late for me. Obviously on my immigation forms i will show no dependents etc as i have none...
any advice.....
I'm single/no dependents but for past 4 yrs or so when filing taxes have showed 2 dependents for child tax credit (no earned income credit applied for)....my niece/nephew. My bro had full knowledge and he had suggested as due to his status in US, he is not required to file taxes. Sis in law not working, so not filing taxes. So i used to do that....
It won't come to bite me right???? ok i am never doing this from now on but is it too late for me. Obviously on my immigation forms i will show no dependents etc as i have none...
any advice.....
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Steve Mitchell
January 5th, 2004, 05:14 PM
Not really digital, but an amazing accomplishment. From the Nikon press area:
Record breaking Nikon F5
Service engineers at Nikon�s German Service Centre were amazed to discover during routine servicing recently that a Nikon F5 had achieved 1,092,904 shutter releases without fault.
Translating into about 35 kilometers of film this figure is a testament to the durable design of the mechanism, now also shared by the latest Nikon D2H Professional Digital SLR.
To put the 1,092,904 shutter releases into context, it equates to 34 hours of continuous shooting at 8 frames per second.
The camera is one of the bodies used in the Matthaus Photographic Studio in Nuremburg, Germany.
Nikon Germany�s Service Manager Joachim Hoffman said: �This is the most shutter releases I have ever seen. The F5 shutter is, in my opinion, definitely more durable than any other camera�s. Because the F5 in question was well looked after and serviced regularly, that makes it last longer- it�s a bit like going to the dentist!� he added.
Record breaking Nikon F5
Service engineers at Nikon�s German Service Centre were amazed to discover during routine servicing recently that a Nikon F5 had achieved 1,092,904 shutter releases without fault.
Translating into about 35 kilometers of film this figure is a testament to the durable design of the mechanism, now also shared by the latest Nikon D2H Professional Digital SLR.
To put the 1,092,904 shutter releases into context, it equates to 34 hours of continuous shooting at 8 frames per second.
The camera is one of the bodies used in the Matthaus Photographic Studio in Nuremburg, Germany.
Nikon Germany�s Service Manager Joachim Hoffman said: �This is the most shutter releases I have ever seen. The F5 shutter is, in my opinion, definitely more durable than any other camera�s. Because the F5 in question was well looked after and serviced regularly, that makes it last longer- it�s a bit like going to the dentist!� he added.
more...
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vikasgarg24
08-09 10:53 AM
Hi
This question is for my friend. he has a Bcom (3 years bachlors from India) with certification of chartered accountant and cost accountant. He has a 6 years of post qualification experience in india (after ca and ) and now he has 6.5 years of experience in US. (Total post qualification experience is 11-12 years)
His lawyer said as this is a 3 years degree you dont qualify for EB2. lawyer also send us a case where DOL denied CA plus 3 years of bcom under EB2.
Can you help us if he qualify for EB-2, what is the best way to file.
This question is for my friend. he has a Bcom (3 years bachlors from India) with certification of chartered accountant and cost accountant. He has a 6 years of post qualification experience in india (after ca and ) and now he has 6.5 years of experience in US. (Total post qualification experience is 11-12 years)
His lawyer said as this is a 3 years degree you dont qualify for EB2. lawyer also send us a case where DOL denied CA plus 3 years of bcom under EB2.
Can you help us if he qualify for EB-2, what is the best way to file.
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bpadala
05-01 07:11 PM
You may as well ask uscis to ask for the remainder of the H1B period provided there is an employer who is willing to process your H1B. Remember, you will have to lose your current I485 processing and start all the way from scratch though you can recapture the priority date with the new GC process.
more...
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miguy
06-16 08:34 AM
bump
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rajs
03-17 08:46 PM
cheaper than the life long of question
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ALL THE BEST
what if i had done it
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maine_gc
12-16 08:24 AM
KY residents please post here and join your state chapter
quizzer
08-29 07:14 PM
Last week i received the letter about my RFE for my I140 which they received on Feb 8, 2007. I'm a EB3 category from Bangladesh.
USCIS requested for the tax information of the company
My W2 for last year and
My Pay Stub....
Is there anything else extra i have the provide. do i have to worry about anything towards my approval or this is just a regular process to go through.
Was it from texas or nebraska?
USCIS requested for the tax information of the company
My W2 for last year and
My Pay Stub....
Is there anything else extra i have the provide. do i have to worry about anything towards my approval or this is just a regular process to go through.
Was it from texas or nebraska?
johnwright03
06-14 08:14 AM
Hi,
I have applied for my PERM labor and have not got any approval on that...I am checking to see if the Concurrent Filing of I-140 and I-485 is still available....???
and also how many days or months does anyone think this PD will remain current..???
Any suggestions will be appreciated...!!!
I have applied for my PERM labor and have not got any approval on that...I am checking to see if the Concurrent Filing of I-140 and I-485 is still available....???
and also how many days or months does anyone think this PD will remain current..???
Any suggestions will be appreciated...!!!
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