jonty_11
01-22 12:52 PM
I am also in similar situation.
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
what does your lawyer say????
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
what does your lawyer say????
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glus
06-28 04:47 PM
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
You are as stupid as what you wrote.
You are as stupid as what you wrote.
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anai
07-19 08:03 AM
If you are sponsoring your spouse, you need to submit an affidavit of support. It is I-134. This forms needs for you to submit bank statements, tax returns etc. with it.
This is incorrect.
The easiest way to address such questions is to take a few minutes to read the instructions to the form I-485 (which is available on the USCIS website at http://www.uscis.gov/files/form/i-485.pdf). An affidavit of support is needed in the EB context, only if the applicant's family owns 5% percent or more of the sponsoring employer.
Sending tax forms, W-2, bank statements, etc. is part of the overdocumentation approach. But note that these are not required.
This question has been asked and answered many times. So please (a) search the forums before opening new threads and (b) read the instructions to the form.
Also, if any of the answers on this thread were useful, consider contributing to IV.
This is incorrect.
The easiest way to address such questions is to take a few minutes to read the instructions to the form I-485 (which is available on the USCIS website at http://www.uscis.gov/files/form/i-485.pdf). An affidavit of support is needed in the EB context, only if the applicant's family owns 5% percent or more of the sponsoring employer.
Sending tax forms, W-2, bank statements, etc. is part of the overdocumentation approach. But note that these are not required.
This question has been asked and answered many times. So please (a) search the forums before opening new threads and (b) read the instructions to the form.
Also, if any of the answers on this thread were useful, consider contributing to IV.
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new2gc
06-25 11:18 AM
Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org
Good one..........may be they should host a reality show on TV as well to challenge/show what they do for living and what these politicians are blaming them for....
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org
Good one..........may be they should host a reality show on TV as well to challenge/show what they do for living and what these politicians are blaming them for....
more...
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h1-b forever
01-24 09:29 AM
This bill is probably stuck in some committee and will not see the light!
Everyone here is talking about the DV if eliminated would benefit the EB, does the FB have a say in it?
Everyone here is talking about the DV if eliminated would benefit the EB, does the FB have a say in it?
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hpandey
01-21 12:26 PM
1. It has nothing to do with immigration (unless you factor that "chinese mother" is an immigrant), which is why this thread is on interesting topics.
2 and 3. I had not even heard of the article until today and told the same to my doc. She brought up the topic because I am Indian.
4. Personally, after having read it, there are a few things I agree with the author and there are many I don't.
BTW, I had not read the CNN story either. Many of the things that I did not like in Amy's article are addressed in the CNN story!
Here's more critics who " love " her style of parenting ...
http://www.nytimes.com/2011/01/20/books/20book.html?_r=1
who the hell leaves their 3 year old out in the cold .
And btw how much she is Chinese is up for debate since she grew up here and can't even speak Mandarin... ( from the article )
2 and 3. I had not even heard of the article until today and told the same to my doc. She brought up the topic because I am Indian.
4. Personally, after having read it, there are a few things I agree with the author and there are many I don't.
BTW, I had not read the CNN story either. Many of the things that I did not like in Amy's article are addressed in the CNN story!
Here's more critics who " love " her style of parenting ...
http://www.nytimes.com/2011/01/20/books/20book.html?_r=1
who the hell leaves their 3 year old out in the cold .
And btw how much she is Chinese is up for debate since she grew up here and can't even speak Mandarin... ( from the article )
more...
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krishna_brc
09-17 09:38 PM
Hi,
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
If you have good relations with your employer ask them to terminate your employment. That way at the time of your naturalization/citizenship you will have an alibi for "as to why you changed employment" with in 6 months.
This way you can prove that you had the intent to work for sponsoring employer but things didn't go well with the employer himself.
Thanks,
Krishna
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
If you have good relations with your employer ask them to terminate your employment. That way at the time of your naturalization/citizenship you will have an alibi for "as to why you changed employment" with in 6 months.
This way you can prove that you had the intent to work for sponsoring employer but things didn't go well with the employer himself.
Thanks,
Krishna
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akred
03-26 07:52 PM
Yes. But as my wife found out, a lot of employers (small business) are willing to pay off the books or in kind (like free private school tuition).
more...
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americandesi
06-06 07:08 PM
The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
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perm2gc
02-09 11:40 AM
http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.
more...
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LostInGCProcess
08-26 02:23 PM
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
"She can not get an H4 though... thats seen as abandoning your AOS status..."
I have no idea how you came to this conclusion...she is a dependent I-485 applicant. Does it really matter if she is on H1 or H4? I think that is not true what you are saying.
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
"She can not get an H4 though... thats seen as abandoning your AOS status..."
I have no idea how you came to this conclusion...she is a dependent I-485 applicant. Does it really matter if she is on H1 or H4? I think that is not true what you are saying.
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tinuverma
03-17 01:44 PM
Thanks for the response Tom. What if I want to use my EAD card and not do an H1 transfer. Is that going to be a problem?
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
more...
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pa_arora
07-16 01:18 PM
I liked ur signature...BTW what country r u from?
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vijjus
06-11 12:40 PM
http://www.nytimes.com/2007/06/11/world/europe/11cnd-prexy.html?hp
SOFIA, Bulgaria, June 11 � As he heads home from an eight-day European swing to face a hostile Congress, President Bush lashed out today at Democrats for scheduling a vote of no confidence on his attorney general, and vowed to get his stalled immigration legislation passed, saying, �I�ll see you at the bill signing.�
SOFIA, Bulgaria, June 11 � As he heads home from an eight-day European swing to face a hostile Congress, President Bush lashed out today at Democrats for scheduling a vote of no confidence on his attorney general, and vowed to get his stalled immigration legislation passed, saying, �I�ll see you at the bill signing.�
more...
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sravani
05-15 01:05 PM
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
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jonty_11
11-02 10:18 AM
It depends what you wrote down in your labor application. You can mention that job is consulting and clients are all over Continental US. I am sure you employer must not have told you that and didnt apply that way. Typical of consulting firms, so taht they can get you to pay another labor..which they can use for substitution.
So, now you can be queried at the final stage as your location is no longer the same. You will have to test the waters of Labor market again in NJ,,,by filing new PERM. So, the risk is yours to take.
So, now you can be queried at the final stage as your location is no longer the same. You will have to test the waters of Labor market again in NJ,,,by filing new PERM. So, the risk is yours to take.
more...
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suresh_la
12-01 04:31 PM
Hi Gurus
Here is my senario
I am in my 6th year of H1 which expires in Aug 2007.
I have my Labor (PERM) and I140 aprroved from my current employer.
I would like to tranfer my H1 to different employer .
can we apply for tranfer and 3 year extension of h1 to new employer with approved current labor(PERM) and 140(approved)
or should I need to tranfer my h1 forst and wait till FEB 2007 to apply my extension with approved labor(PERM) and 140 (approved ) from my current employer.
I really need your advise on this issue.
please help on this gurus.
Thanks
Here is my senario
I am in my 6th year of H1 which expires in Aug 2007.
I have my Labor (PERM) and I140 aprroved from my current employer.
I would like to tranfer my H1 to different employer .
can we apply for tranfer and 3 year extension of h1 to new employer with approved current labor(PERM) and 140(approved)
or should I need to tranfer my h1 forst and wait till FEB 2007 to apply my extension with approved labor(PERM) and 140 (approved ) from my current employer.
I really need your advise on this issue.
please help on this gurus.
Thanks
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Nil
11-09 11:32 AM
This was very prompt of you guys.
Keep up the momentum.
The community and (we believe) this country needs professionals of your caliber.
Keep up the momentum.
The community and (we believe) this country needs professionals of your caliber.
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thepaew
09-24 02:20 PM
Applying to a top MBA program is quite intense, especially if you come from a competitive applicant pool. eg: laid off investment banker (plenty of those headed to B-school), Indian-engineer, Chinese-anything, etc. Are you sure you want to go through the effort and expense of the application process if you cannot attend? It takes about 3-4 weeks to put a serious application package together - maybe you can put this time to better use by applying to a program that you can actually attend. That can also be a plan-B in case something goes wrong with the GC application.
Think it through and good luck with your decision. Wish you the Best.
here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
I do not want to reset my GC process.
Anybody getting ready for RI next month?
Think it through and good luck with your decision. Wish you the Best.
here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
I do not want to reset my GC process.
Anybody getting ready for RI next month?
Madhuri
02-24 05:17 PM
You first need to apply for SSN based on your pending I-485 application.
morchu
05-14 12:09 PM
Thanks for pointing this out (Hernandez letter).
It is new information to me.
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
It is new information to me.
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
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