tnite
08-06 08:39 AM
...bump...
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champu
03-09 05:23 PM
Mr. MLK Jr,
You had a dream - at least you were sleeping. I wish I could sleep too:p
You had a dream - at least you were sleeping. I wish I could sleep too:p
GCwaitforever
06-19 05:37 PM
What?!
Translation: What is happening to young people nowadays?
Translation: What is happening to young people nowadays?
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snathan
02-09 11:09 PM
Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)
do you think they will?
do you think they will?
more...
casinoroyale
01-07 09:11 AM
I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP. One can also do H1B transfer to a different employer. Ofcourse, your exiting 797 should be valid while you are doing this. One can find this surprising, even after you "use EAD" you can ask for reinstatement of H1B status by filing H1 extension but one has to leave the country and apply for H1B stamp and enter on H1 to reinstate H1B status in this case.
OLDMONK
07-27 05:12 PM
If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?
As per my knowledge you may be able to change status while remaining in US.. you may do that with Form I539. Check out this form and read through all categories. To make sure consult an attorney.
http://www.uscis.gov/files/form/i-539.pdf
As per my knowledge you may be able to change status while remaining in US.. you may do that with Form I539. Check out this form and read through all categories. To make sure consult an attorney.
http://www.uscis.gov/files/form/i-539.pdf
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cool_guy_onnet1
03-10 12:16 PM
How does USCIS know about salary ? I understand that if they send rfe, we need to send the w-2 but does IRS also send the w2 information to USCIS? The other question is whats the criteria of judging the salary? Is it w-2 or pay stub ? My pay stub has been showing the correct salary but w-2 does not reflect that much since I was out of the work for quite sometime.
I MAY switch my job and this is an emergency.
Please pardon the relevancy.
Thanks
I MAY switch my job and this is an emergency.
Please pardon the relevancy.
Thanks
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gc_chahiye
11-27 04:12 PM
Hello GC_Chaiye,
Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?
MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
thank you
I dont think you can check LC status on your own by just calling up DOL, the petitioner (the employer) or their representative can. See if they'll atleast give you a case number that you can try your luck with.
Atleast with PERM you typically need to sign the LC and send it alongwith the I-140 application. Ask for a copy of the approved LC. Also, ask if they are ok with you using your own attorney for this (its worth the expense).
Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?
MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
thank you
I dont think you can check LC status on your own by just calling up DOL, the petitioner (the employer) or their representative can. See if they'll atleast give you a case number that you can try your luck with.
Atleast with PERM you typically need to sign the LC and send it alongwith the I-140 application. Ask for a copy of the approved LC. Also, ask if they are ok with you using your own attorney for this (its worth the expense).
more...
desi3933
03-04 11:50 AM
Well - we all know this but if the question is "Do you have a Green Card? Yes or No ?" if you give the above answer, you have not provided a specific answer.
.....
>> Do you have a Green Card?
This is not a legal question. If question is posted on web-site, that can be reported.
Like in said my earlier post, employer can not ask for kind of employment authorization.
________________________
Not a legal advice.
US citizen of Indian origin
.....
>> Do you have a Green Card?
This is not a legal question. If question is posted on web-site, that can be reported.
Like in said my earlier post, employer can not ask for kind of employment authorization.
________________________
Not a legal advice.
US citizen of Indian origin
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raj2007
06-21 03:52 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
You should get RFE but rules are changing all the time. If you are not sure file 2nd I-140 with EB3.
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
You should get RFE but rules are changing all the time. If you are not sure file 2nd I-140 with EB3.
more...
IN2US
07-26 05:23 PM
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
That is correct.
That is correct.
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eb2_485_mess
08-29 06:36 PM
what is the date shown on the online status message?
Is it RD or ND. I think ND is later than RD right. I believe they show the ND but say your application was "received on". Is it right ?
Does the processing time on website go via RD or ND?
Is it RD or ND. I think ND is later than RD right. I believe they show the ND but say your application was "received on". Is it right ?
Does the processing time on website go via RD or ND?
more...
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hebron
06-14 03:09 PM
Refer this:
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."
Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."
Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
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arpu31
11-17 12:59 PM
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
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kak1978
10-26 02:58 PM
I gave you green .. be happy .. and keep helping others
Well, thank you. I am returning the favour.
Well, thank you. I am returning the favour.
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bishwas123
03-14 05:34 PM
Hello everyone,
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
more...
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vrbest
03-23 10:55 AM
I did first time AP early Feb.. I just put in a date in May and got the AP in 3 weeks (though my online status still shows received and pending).. Document listed by godspeed is what I also sent. hope this helps!
Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
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miguy
12-20 02:52 PM
how can I get a copy of my approved I-140?....my lawyer won't give it to me...heck he won't even give me the case#
please help
please help
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garfield
10-07 03:38 PM
Do you have to wait until the dates become current to add a spouse or can an application be made to add the name right now?
gotgc?
02-04 09:52 AM
My wife was allowed to travel on BA when she went from US to India. But when we were returning to US, the ticketing agent in India would not issue bording pass because Canadian PR can only be used if you are travelling to Canada and NOT to USA. The ticketing manager even called someone in London Airport to get the confirmation and after that they just denied my request even after showing the document that says Canada PR issues after Apr 2005 does not require transit visa.
I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.
Thanks deba and kk_kk...for sharing your expereince...based on what you guys say, the cheap deal i get with BA is not worth taking this risk. I am giving up on London transit..i will take Lufthansa or pacific route....thanks a lot again....
I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.
Thanks deba and kk_kk...for sharing your expereince...based on what you guys say, the cheap deal i get with BA is not worth taking this risk. I am giving up on London transit..i will take Lufthansa or pacific route....thanks a lot again....
ashkam
11-16 02:08 PM
As has been discussed and responded to a million times on this forum, the answer to this question is, when you enter on an AP, your immigrant status changes to parolee, but your H1B continues to be valid as a work authorization document and you can still use it to work for the same employer.
