msp1976
04-17 12:17 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have give a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase.
I do not know what to do , his is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I will be on status ??
Such type of contract is not legally enforceable....So you have to take your own decision....
I do not know what to do , his is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I will be on status ??
Such type of contract is not legally enforceable....So you have to take your own decision....
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aillarramendi
11-12 08:45 PM
I applied without the medical for my wife, my son and me and I already received my receipts and EAD almost one month ago. My wife and my AP show an LUD yesterday and today but still pending but my son didn't show anything. USCIS received my application on August 14.
I hope this can help.
I hope this can help.
xlr8r
09-15 02:58 PM
This is bizarre stuff.
It says that NSC I-140 processing date for EB2 is March 13, 2008. Since when did they become so efficient to jump from July 6th, 2007 to March 2008? I guess they mistakenly typed 2008 instead of 2007?
Those lazy bums had better get ready for an onslaught of Service Requests. :)
It says that NSC I-140 processing date for EB2 is March 13, 2008. Since when did they become so efficient to jump from July 6th, 2007 to March 2008? I guess they mistakenly typed 2008 instead of 2007?
Those lazy bums had better get ready for an onslaught of Service Requests. :)
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jediknight
10-23 12:57 PM
I am surprised that this was not the law before but considering the current Immigration laws, I should not have been :-(
more...
laborpains
09-15 12:58 PM
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Congratulations! Just curious did you got any RFE as it is a very early PD? I'm Jan 22 2002 EB3-I and am waiting with bated breath.
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Congratulations! Just curious did you got any RFE as it is a very early PD? I'm Jan 22 2002 EB3-I and am waiting with bated breath.
bigboy007
10-30 05:47 PM
Should address on Drivers license and Address that we provide for USCIS should it match ?
I am a consultant hence i have given a friends address who own a home so that i dont need to change it often. Now i live in a different state (ofcourse temporarily) and since its USCIS i gave this address for any correspondence to USCIS. Now in future if i apply for any new forms many people have mentioned sending Drivers License but if i sent it it has a different address on it. is copy of drivers license mandatory? how does it work ?
I am a consultant hence i have given a friends address who own a home so that i dont need to change it often. Now i live in a different state (ofcourse temporarily) and since its USCIS i gave this address for any correspondence to USCIS. Now in future if i apply for any new forms many people have mentioned sending Drivers License but if i sent it it has a different address on it. is copy of drivers license mandatory? how does it work ?
more...
reddymjm
05-28 12:56 PM
Highly unlikely that they would approve a 485 when the PD is not current. The problem here is, even it has happened to someone, we will not see them come out and make an announcement as they fear their approval will be revoked. So we never hear of such cases.
Yes. You have to go through the process all over again, except you will be eligible for an earlier PD. The alternative is to seek employment with you original sponsor in which case, you can directly apply for 485 when your PD becomes current.
My advise is to stick to your 485 as 2006 is unlikely to become current by the time you get married. In the unlikely event of that happening, deal with the problem by trying to get your spouse in through other means.
I second this. Do not lose your postion in the Q.
Yes. You have to go through the process all over again, except you will be eligible for an earlier PD. The alternative is to seek employment with you original sponsor in which case, you can directly apply for 485 when your PD becomes current.
My advise is to stick to your 485 as 2006 is unlikely to become current by the time you get married. In the unlikely event of that happening, deal with the problem by trying to get your spouse in through other means.
I second this. Do not lose your postion in the Q.
2010 exec for a record label…
tinkugadu
07-04 10:06 PM
If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
more...
amitjoey
06-14 02:26 PM
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
Yes, You can. Ask an attorney. Sorry I did not really mean abiliity to pay. But the previous company that files your 485 should be a valid entity in business and an offer for employment should be valid, Since you need a letter from them stating the offer is open and terms of employment. Please consult an attorney, Nobody can give you any advice since a lot of other details are unknown. Overall generally speaking, looks like you can do it.
Yes, You can. Ask an attorney. Sorry I did not really mean abiliity to pay. But the previous company that files your 485 should be a valid entity in business and an offer for employment should be valid, Since you need a letter from them stating the offer is open and terms of employment. Please consult an attorney, Nobody can give you any advice since a lot of other details are unknown. Overall generally speaking, looks like you can do it.
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krishna_2001
01-13 07:19 PM
Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
more...
Prashant
09-26 08:08 PM
GCtrouble.. I hope u are serious and not trying to scare ppl converting eb3 to eb2 ..
If one is eligible for eb2 their aiint anything thats gonna stop one from getting there..
We all are in the same boat dude ....
Good luck
If one is eligible for eb2 their aiint anything thats gonna stop one from getting there..
We all are in the same boat dude ....
Good luck
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lakshman.easwaran
07-25 11:44 AM
Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
If I remember correctly, I signed only one form for 140 and that was G-28, I believe. I did not sign actual 140 form...for sure. My 140 petition was accepted on July 10 and received 797 receipt on July 16. BTW, mine was not Labor substitution.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
If I remember correctly, I signed only one form for 140 and that was G-28, I believe. I did not sign actual 140 form...for sure. My 140 petition was accepted on July 10 and received 797 receipt on July 16. BTW, mine was not Labor substitution.
more...
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rb_248
01-08 02:46 PM
I read on www.immigration-law.com
01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform
Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.
http://thomas.loc.gov/cgi-bin/bdquery/D?d111:8:./temp/~bdW24V::|/bss/111search.html
H.R.264
Title: To amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes.
Sponsor: Rep Jackson-Lee, Sheila [TX-18] (introduced 1/7/2009) Cosponsors (None)
Latest Major Action: 1/7/2009 Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Text:
http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.264:
I don't think they will act on this until the economic issues are resolved.
01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform
Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.
http://thomas.loc.gov/cgi-bin/bdquery/D?d111:8:./temp/~bdW24V::|/bss/111search.html
H.R.264
Title: To amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes.
Sponsor: Rep Jackson-Lee, Sheila [TX-18] (introduced 1/7/2009) Cosponsors (None)
Latest Major Action: 1/7/2009 Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Text:
http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.264:
I don't think they will act on this until the economic issues are resolved.
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MYGCBY2010
07-27 02:37 PM
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tammman
10-09 03:08 AM
So does CA....
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vamsi_poondla
01-18 03:41 PM
Folks...This is not another Motley Fools Newsletter that promises $1 Million for $100 you invest. This is reality.. Something Green you can lay hands on....and spend it for buying your darling son his favorite bike or diamond ear rings for your lovely wife or a new HDTV system to your living room.
Read below and find it yourselves
A) What does it cost for average family of 3 for EAD and AP renewals?
EAD Renewal Fees Form I-765 - $340
AP - Renewal - $305
Document Mailing/Correspondence - $ 30
Photographs cost - $24
------------------------------------------
Total per person - $699
------------------------------------------
For 3 years, $2097/ person
------------------------------------------
For 3 applicants in a family - $6291
------------------------------------------
Driving Fees Renewal 3 times - $120 per family
If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
New I-9 forms to employer and all other mess $10
Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.
B) Contrast this with the effort to participate in the IV Campaign..
Time that will take to write these letters - 30 minutes
Stamp and Envelope Cost - $2
Which is better? Red or Green. Do the math yourselves and see the truth.
Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..
Campaign Link http://immigrationvoice.org/forum/showthread.php?t=16506
Tracking Link http://immigrationvoice.org/forum/showthread.php?t=16595
Read below and find it yourselves
A) What does it cost for average family of 3 for EAD and AP renewals?
EAD Renewal Fees Form I-765 - $340
AP - Renewal - $305
Document Mailing/Correspondence - $ 30
Photographs cost - $24
------------------------------------------
Total per person - $699
------------------------------------------
For 3 years, $2097/ person
------------------------------------------
For 3 applicants in a family - $6291
------------------------------------------
Driving Fees Renewal 3 times - $120 per family
If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
New I-9 forms to employer and all other mess $10
Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.
B) Contrast this with the effort to participate in the IV Campaign..
Time that will take to write these letters - 30 minutes
Stamp and Envelope Cost - $2
Which is better? Red or Green. Do the math yourselves and see the truth.
Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..
Campaign Link http://immigrationvoice.org/forum/showthread.php?t=16506
Tracking Link http://immigrationvoice.org/forum/showthread.php?t=16595
more...
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RajWantsGC
05-19 03:20 PM
Online case status and infopass are useful for things like address change, namecheck status, finger printing issues , and other issues being dealt where no processing or less processing is required like GC not received, approval not received , letters lost etc...
When it comes to such complicated issues, you have to get real help.
Basically - you have to somehow cut through beurocracy and get your issues resolved.
Good luck, I am sure, things will get under control soon.
Thank you Chandu for the reply. You are right about the info pass. Yesterday I took the info pass. I thought it would be very helpful because I can talk to IO face to face and explain my situation in detail. One thing I would appreciate about IO is she was very patient and she tried to understand my case fully. But at last she said she cannot help me. She said the only option I have left is just to wait to hear from AAO. She said her daily job is to give the latest status of the cases, giving immigration forms and help people if they have any doubts.
I asked her that can I file EAD when my MTR for I485 is pending with AAO? She was not sure about it. Then she made a call to Nebraska Service Centre and found out that I can file EAD. I need to attach I290B receipt along with EAP application form. I am just wondering has any one has done this before? Is that really possible?
Thanks
Raj
When it comes to such complicated issues, you have to get real help.
Basically - you have to somehow cut through beurocracy and get your issues resolved.
Good luck, I am sure, things will get under control soon.
Thank you Chandu for the reply. You are right about the info pass. Yesterday I took the info pass. I thought it would be very helpful because I can talk to IO face to face and explain my situation in detail. One thing I would appreciate about IO is she was very patient and she tried to understand my case fully. But at last she said she cannot help me. She said the only option I have left is just to wait to hear from AAO. She said her daily job is to give the latest status of the cases, giving immigration forms and help people if they have any doubts.
I asked her that can I file EAD when my MTR for I485 is pending with AAO? She was not sure about it. Then she made a call to Nebraska Service Centre and found out that I can file EAD. I need to attach I290B receipt along with EAP application form. I am just wondering has any one has done this before? Is that really possible?
Thanks
Raj
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GotGC??
01-12 05:29 PM
I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
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AK_GC
01-21 05:09 PM
We travelled to India and Canada on AP. Didn't get questioned while entering from India but from Canada, they asked us why we went and when we mentioned 'vacation', they advised us to not use our parole for such cases...I guess going to the home country should not pose any issues.
srikondoji
07-02 02:17 PM
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
You are a disgrace for the "Senior Member" title. So much so that you will snap back at another Senior IV Member. Tcch...tcch....
Thanks,
Jayant
Plain reading is injurious to health and community.
I repeat "please step aside".
You are a disgrace for the "Senior Member" title. So much so that you will snap back at another Senior IV Member. Tcch...tcch....
Thanks,
Jayant
reddymjm
08-19 01:18 PM
As there might be people who will be adding spoues or filing new 485 applications. This will help.
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