aguy
08-23 01:17 AM
Hi,
My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.
While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.
So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?
Thanks.
My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.
While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.
So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?
Thanks.
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franklin
10-11 11:54 PM
The September rally was a disaster!!!! We were promised CIR reform in the beginining of this year. Even after a rally, what has been achieved? Nothing!
I am sorry for sounding pessimistic, but despite all attempts we have been successful. Is this because of our cause getting mixed up with illegal immigration? Is it due to inaction on part of lawmakers? Is it due to ineffective lobbying by IV? Or is there a need to change the IV strategy and leadership?
What is the cause, people?
With all due respect, why on earth do you think this type of outburst is productive?
Were you involved in the rally? No.
Are you active in your state chapter?
What makes you think you are qualified to make this kind of outburst? Unless, of course, your aim was to be thoroughly disrespectful to dedicated people working for no thanks to make your life better.
I am sorry for sounding pessimistic, but despite all attempts we have been successful. Is this because of our cause getting mixed up with illegal immigration? Is it due to inaction on part of lawmakers? Is it due to ineffective lobbying by IV? Or is there a need to change the IV strategy and leadership?
What is the cause, people?
With all due respect, why on earth do you think this type of outburst is productive?
Were you involved in the rally? No.
Are you active in your state chapter?
What makes you think you are qualified to make this kind of outburst? Unless, of course, your aim was to be thoroughly disrespectful to dedicated people working for no thanks to make your life better.
kun
08-03 11:14 PM
I am a July 2nd filer. I called up USCIS and the customer service rep said I have cleared namecheck. Not received my GC yet.
PD Jan 05
PD Jan 05
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snathan
04-26 05:43 PM
Thanks UKannan,
That is the first thing I did and the cust rep said it is 1 bag, moreover, she said talk to your travel agent.
Also, it is different to hear from cust rep and then get the actual experience in front of the check-in staff. Hence I was asking recent experiences here.
Please don't get me wrong, but traveling with 2 toddlers, the last thing I want is baggage hassle.
Two bags, each can be max. 20 kg.
That is the first thing I did and the cust rep said it is 1 bag, moreover, she said talk to your travel agent.
Also, it is different to hear from cust rep and then get the actual experience in front of the check-in staff. Hence I was asking recent experiences here.
Please don't get me wrong, but traveling with 2 toddlers, the last thing I want is baggage hassle.
Two bags, each can be max. 20 kg.
more...
Arjun
03-15 11:32 AM
I agree, I think you can recieve incentives, but you cannot work (as an employee) for a corporation other than the H1B sponsor. In any case, as long as you report all of your income you are fine. I do'nt think IRS checks your status to validate your income.
H1-B folks are permitted to have sources of passive income from entities other than their H1 sponsor. This includes bank interests, stock dividends, profits from stock transactions etc. Most of these incomes are taxable and reported to the IRS on 1099-INT or 1099-DIV forms. When you open a bank account and get a bonus of, say $200, it is considered as interest earned.
The vital point to remember, I guess, is that H1s are NOT allowed to generate an income from any source (other that H1 sponsor) that needs any tangible work to be done- investments do not count as tangible work.
H1-B folks are permitted to have sources of passive income from entities other than their H1 sponsor. This includes bank interests, stock dividends, profits from stock transactions etc. Most of these incomes are taxable and reported to the IRS on 1099-INT or 1099-DIV forms. When you open a bank account and get a bonus of, say $200, it is considered as interest earned.
The vital point to remember, I guess, is that H1s are NOT allowed to generate an income from any source (other that H1 sponsor) that needs any tangible work to be done- investments do not count as tangible work.
GotGC??
03-09 07:01 PM
Just goes to show that reform is the only solution. There is no point waiting out for the Visa bulletins for the next 6-7 months...
But someone was mentioning that unusedvisas for the current year is "released" in the 4th quarter (July-Sep). May be something would come out of that...
In similar context I have a few questions...
The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.
But someone was mentioning that unusedvisas for the current year is "released" in the 4th quarter (July-Sep). May be something would come out of that...
In similar context I have a few questions...
The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.
more...
eb3retro
12-25 01:23 AM
Hi
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
for god sake, let us know the name of the employer. that will save a soul or two. thanks.
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
for god sake, let us know the name of the employer. that will save a soul or two. thanks.
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raamskl
07-12 09:35 AM
a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?
-M
Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
-M
Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
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perm
04-05 03:29 PM
paragpujara,
I was in THE SAME situation like you last month.Current desi company sponsered PERM (not subsitute) in OCT'05 and I have a 140 approved. The clients offered employment with 1 year waiting to start GC and then to port PD. I gave it a thought and then decided on not joining the client full-time. Anything can go wrong or the immigration process can change in this 1 year of waiting time. If you bad luck is bad (can't stop laughing on tying this line) your porting of PD fails. your bad luck turn GOOD and Some bill passes which will allow you to file for EAD within this 1 year of waiting. I did not take the risk here.
Hi GC gurus,
I am in dilemma and seek your help desperately.
Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.
I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Please provide me your input asap as i have to decide very soon.
I was in THE SAME situation like you last month.Current desi company sponsered PERM (not subsitute) in OCT'05 and I have a 140 approved. The clients offered employment with 1 year waiting to start GC and then to port PD. I gave it a thought and then decided on not joining the client full-time. Anything can go wrong or the immigration process can change in this 1 year of waiting time. If you bad luck is bad (can't stop laughing on tying this line) your porting of PD fails. your bad luck turn GOOD and Some bill passes which will allow you to file for EAD within this 1 year of waiting. I did not take the risk here.
Hi GC gurus,
I am in dilemma and seek your help desperately.
Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.
I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Please provide me your input asap as i have to decide very soon.
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Dipika
03-26 11:21 AM
why will it retrogate again? we will see forward movement. be +ve and optimistic.:)
more...
sac-r-ten
03-12 09:54 AM
really funny...
but hey it should go in the "Lighten Up" thread, instead of creating a new thread. just a thought.
but hey it should go in the "Lighten Up" thread, instead of creating a new thread. just a thought.
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joshraj
10-09 10:17 PM
At least got something today :)
Filed: July 27
Center: Neb
RD: Not Yet - Got Tranfer Notice - To Texas
FP: Not Yet
EAD: Not Yet
I140 - Pending at Nebraska
Filed: July 27
Center: Neb
RD: Not Yet - Got Tranfer Notice - To Texas
FP: Not Yet
EAD: Not Yet
I140 - Pending at Nebraska
more...
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genscn
10-02 12:42 PM
When you leave US, your I-94 attached to your passport (Old One) will be taken and once you re-enter, another I-94 (with same number as on your I-94 issued with your H-1B approval) will be issued and attached to your passport.
Hi,
What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.
Can someone please let us know how this I-94 surrendering and numbering works?
Hi,
What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.
Can someone please let us know how this I-94 surrendering and numbering works?
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rolrblade
10-08 09:57 AM
Hello Friends:
I have a I-485 pending (receipt date 7/19/07) with the USCIS. The situation is my company (Company A) has now officially laid me off and my last date is on November 16, 2007. I have spoken to them about the possibility of extending this date till Mid January 08, but it is NOT GOING TO Happen. Nov 16 will be my last date.
I have an offer from a different employer (Company B) for a SIMILAR job. I have an approved I-140 from the original employer and have assurances that they are NOT going to withdraw the I-140, since this is a company layoff and no fault of mine.
My questions are the following:
1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
3. Do I have any other options here (I dont have EAD yet, just applied last week)
Your responses would be greatly appreciated. Please help.
I have a I-485 pending (receipt date 7/19/07) with the USCIS. The situation is my company (Company A) has now officially laid me off and my last date is on November 16, 2007. I have spoken to them about the possibility of extending this date till Mid January 08, but it is NOT GOING TO Happen. Nov 16 will be my last date.
I have an offer from a different employer (Company B) for a SIMILAR job. I have an approved I-140 from the original employer and have assurances that they are NOT going to withdraw the I-140, since this is a company layoff and no fault of mine.
My questions are the following:
1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
3. Do I have any other options here (I dont have EAD yet, just applied last week)
Your responses would be greatly appreciated. Please help.
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07-09 04:23 PM
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02-07 03:19 PM
Some banks like Bank of america you can see the deposited check's front and back image..Sorry you may already know this...
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pappu
11-14 02:27 PM
Got notification from lawyer that my RIR for LC got rejected. It is pending in Phily BEC with a PD of Oct 2003.
What does this mean? Kiss my LC good bye? Please explian
ask for more info . there must be a reason for the rejection. you can also contest the decision by filing a motion.without complete information it is difficult to advice. do not worry, there is always a solution to every problem.
What does this mean? Kiss my LC good bye? Please explian
ask for more info . there must be a reason for the rejection. you can also contest the decision by filing a motion.without complete information it is difficult to advice. do not worry, there is always a solution to every problem.
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09-14 03:49 PM
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srkamath
07-16 05:39 PM
Is there offered salary criteria associated with this category?
Yes, salary offered MUST be greater than the wage requirement for that position as determined by DOL. You can also find out the min wage requirement yourself. First determine the minimum requirements of the position for edu and exp, supervisory etc, then calculate the SVP level (specific vocational preparation i think) SVP will be in the 6 to 10 range. From the DOL website, find the SVP to wage level correlation for your occupation, wage levels are I, II, III, IV. Generally, EB2 positions will end up with SVP of at least 7 to 8 depending on occupation, when most often is at least Level II and over for wage.
Clear as mud??, i hope i have explained it well ...
Yes, salary offered MUST be greater than the wage requirement for that position as determined by DOL. You can also find out the min wage requirement yourself. First determine the minimum requirements of the position for edu and exp, supervisory etc, then calculate the SVP level (specific vocational preparation i think) SVP will be in the 6 to 10 range. From the DOL website, find the SVP to wage level correlation for your occupation, wage levels are I, II, III, IV. Generally, EB2 positions will end up with SVP of at least 7 to 8 depending on occupation, when most often is at least Level II and over for wage.
Clear as mud??, i hope i have explained it well ...
gk_2000
10-20 10:13 PM
he is leading his dem candidate by 30 points in one poll
Hey bhagwan, is budde ko dharthi se tu utha le..
(Oh almighty, summon this old man away from us)
Hey bhagwan, is budde ko dharthi se tu utha le..
(Oh almighty, summon this old man away from us)
champu
02-18 05:03 PM
That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .
You are W2 or 1099.
You are W2 or 1099.
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