Irs
02-10 01:17 PM
If there is a change of work location (address), amendment to the existing LCA or new LCA should be filed/certified for the new work location/address. No Exceptions.
I went through this last year as one of my work location moved about 5 miles from one of my previous location. Our company lawyer mentioned that if there is a change of work location address on what was mentioned on your previous certified LCA, amendment to the existing LCA or new LCA should be filed/certified. As the LCA is for specific work location(address) that is entered in detail when LCA is submitted.
I went through this last year as one of my work location moved about 5 miles from one of my previous location. Our company lawyer mentioned that if there is a change of work location address on what was mentioned on your previous certified LCA, amendment to the existing LCA or new LCA should be filed/certified. As the LCA is for specific work location(address) that is entered in detail when LCA is submitted.
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gc28262
11-05 04:45 PM
If she plans to continue with her current employer after her travel, there is no harm in using AP. Once she comes back on AP, she automatically resumes her H1B status on the next H1B extension filing within US.
If she is OK with going through the hassles of visa stamping, that is fine too.
Please refer to the following murthy bulletin for details.
http://www.murthy.com/mb_pdf/032108_P.html
If she is OK with going through the hassles of visa stamping, that is fine too.
Please refer to the following murthy bulletin for details.
http://www.murthy.com/mb_pdf/032108_P.html
PDOCT05
10-29 12:32 PM
Pls check the fees to be sent with new application, you might have to send the new fees. consult your lawyer
Thanks much for all your suggestions..i will inform lawyer about this.,
Thanks much for all your suggestions..i will inform lawyer about this.,
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sent4dc
08-26 04:28 AM
Thanks for the insight guys!
What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.I will still be able to work if I have my H1B extension, right?
Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).Well, if I checked with the lawyer, I wouldn't be here, would I? :) I did not really understand your point. What if my I-140 is being processed and it takes them a hole lot of time for that and my legal status is expiring -- what am I supposed to do in that situation?
What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.I will still be able to work if I have my H1B extension, right?
Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).Well, if I checked with the lawyer, I wouldn't be here, would I? :) I did not really understand your point. What if my I-140 is being processed and it takes them a hole lot of time for that and my legal status is expiring -- what am I supposed to do in that situation?
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visaspirant
10-21 11:50 PM
Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
Thanks so much Elaine!
I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
Thanks so much Elaine!
I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
immi_enthu
06-04 09:40 AM
Hello,
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
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gcgreen
07-18 02:19 PM
If you really think about it, it is a fair business price. Remember, the lawyer gets all his money by billing clients like you. He has to figure in his establishment costs such as rent, employee salaries, insurance, etc. Add to that the unpredictability of future business (e.g., if he gets work only for 10 days of the month, he still has to pay salaries to staff for the whole month), taxes (including soc. security, medicare, etc. that he has to pay for himself and for staff) and the risk of liability (e.g. what if you sue for malpractice?) and you get the high price.
Of course, it is a market economy, and people can always choose a better and cheaper source for the service. But at some point you will hit bottom, below which the business will be a loss maker, and this bottom will still be high for many!
$320 an hr!
His 'RFE response' charges were $450!
go figure...
lotsa people are making money out of the s*ituation we are in!
Of course, it is a market economy, and people can always choose a better and cheaper source for the service. But at some point you will hit bottom, below which the business will be a loss maker, and this bottom will still be high for many!
$320 an hr!
His 'RFE response' charges were $450!
go figure...
lotsa people are making money out of the s*ituation we are in!
2010 The original catapults were
insbaby
08-10 08:06 AM
It needs action - not talk.
Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3.
Is it the employer's responsibility to consider in which Green Card Category the employee will fall in future before puts ad.?
Bachelor degree would be enough to do the job if EB3 has a PD around 2005/2006/Current.
Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3.
Is it the employer's responsibility to consider in which Green Card Category the employee will fall in future before puts ad.?
Bachelor degree would be enough to do the job if EB3 has a PD around 2005/2006/Current.
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Siddharta
03-11 11:02 PM
CITI Bank usually send the 1099. But if you have account with ICICI or some other Indian Banks they do not send it. Also check if your bank in India deducting Tax (Usually called as TDS) on interest you earn. That amount you can deduct on US tax return as foreign taxes paid.
You are right. I just confirmed also with ICICI(my bank) and they do not send 1099. Damn.
So what should I do now. Do I report the interest income from prior years (its very small.... less than $200/year) and file TD F 90-22.1 form this year.
How big a issue is this. Should I be very scared?
You are right. I just confirmed also with ICICI(my bank) and they do not send 1099. Damn.
So what should I do now. Do I report the interest income from prior years (its very small.... less than $200/year) and file TD F 90-22.1 form this year.
How big a issue is this. Should I be very scared?
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AtulKRaizada
07-18 08:07 PM
Hello Atul
I agree only crying baby gets milk.
But only lucky applicants get green card :). Its not based on eligibility alone.
Now about protests and demonstrations. I dont think it will work in the US for a myriad of reasons.
I think every year about 30K or more people are coming from India
on H1B. I think half of them apply for GC. At least 200K Indian nationals
alone waiting in the line for GC. Why IV has only 5k? We should have atlease 50K members.
A working plan would be get atleast 100K people to our organization and have everybody contribute $100. That would give us $10Million. We can hire top people and companies to get it done. And donate big funds to these politician.
What I told is just a dream. Most of us here are free riders. In my company there are 5 people who are affected. I'm the only who checks regulary this site. I have to tell them again and again and again to send a fax or donate.
So what to do?
thanks
babu
I agree and I am also fully aware of the numbers, but just don't limit it to we Indians, every immigrant irrespective of origin is impacted. I hate to call it a donation, I rather say everybody contribute as much as possible. $100 is nothing compared to immigration fee and extortion by attorneys and consulting companies.
Somebody has to come forward and show leadership. Just sitting and waiting for every month Visa Bulletin is not going to take us anyware.
I agree only crying baby gets milk.
But only lucky applicants get green card :). Its not based on eligibility alone.
Now about protests and demonstrations. I dont think it will work in the US for a myriad of reasons.
I think every year about 30K or more people are coming from India
on H1B. I think half of them apply for GC. At least 200K Indian nationals
alone waiting in the line for GC. Why IV has only 5k? We should have atlease 50K members.
A working plan would be get atleast 100K people to our organization and have everybody contribute $100. That would give us $10Million. We can hire top people and companies to get it done. And donate big funds to these politician.
What I told is just a dream. Most of us here are free riders. In my company there are 5 people who are affected. I'm the only who checks regulary this site. I have to tell them again and again and again to send a fax or donate.
So what to do?
thanks
babu
I agree and I am also fully aware of the numbers, but just don't limit it to we Indians, every immigrant irrespective of origin is impacted. I hate to call it a donation, I rather say everybody contribute as much as possible. $100 is nothing compared to immigration fee and extortion by attorneys and consulting companies.
Somebody has to come forward and show leadership. Just sitting and waiting for every month Visa Bulletin is not going to take us anyware.
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bbenhill
12-02 07:42 PM
I guess the story was not clear :-)
the answer is your wife's h4 will be fine since you have ur H1.
Thx
I am not sure why it's so hard to understand what I want :)
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
the answer is your wife's h4 will be fine since you have ur H1.
Thx
I am not sure why it's so hard to understand what I want :)
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
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LostInGCProcess
11-07 11:51 AM
Hi,
We have applied for AP on Oct 1st and its still pending .
I have the following questions.
1) Can we enter using the AP thats gets approved when we are outside the US
2) How to expedite AP process other then business emergency as my wife is not working
3) can she enter using H4 even though she has used AP and EAD before. is there any problem to GC
4) I am going to India in Dec , assuming I get the AP by then is it ok for her to enter using h4 and myself AP.
Thanks in Advance for your suggestions
1) No.
2) Other then an Emergency you can't expedite.
3) If you are currently on H1, then she can enter on H4.
4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.
We have applied for AP on Oct 1st and its still pending .
I have the following questions.
1) Can we enter using the AP thats gets approved when we are outside the US
2) How to expedite AP process other then business emergency as my wife is not working
3) can she enter using H4 even though she has used AP and EAD before. is there any problem to GC
4) I am going to India in Dec , assuming I get the AP by then is it ok for her to enter using h4 and myself AP.
Thanks in Advance for your suggestions
1) No.
2) Other then an Emergency you can't expedite.
3) If you are currently on H1, then she can enter on H4.
4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.
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immilaw
09-15 08:48 AM
How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
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masterfender
04-28 03:18 PM
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
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jambapamba
08-03 05:11 PM
Not advisable for the same company unless the new job duties are changed significantly.:cool:
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indyanguy
10-31 04:21 PM
I have filed for 140/485 EB3 on July 2nd. I am planning to start a EB2 process and carry over the EB3 Priority date to the new application. I have a few questions
1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?
Thanks in advance
1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?
Thanks in advance
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ronhira
02-19 07:40 PM
This website seems to have some viruses or spywre be cautious when you open
y u r scaring everyone into not visiting Life of an I.T. Grunt | Notes From The Trenches of Software Development. (http://www.)...... i visited the site many times & there was no virus...... u can hide but u cannot run from anti immigrants...... ever heard of Godzilla principle...... face the reality now to fight it or face the Godzilla later......
y u r scaring everyone into not visiting Life of an I.T. Grunt | Notes From The Trenches of Software Development. (http://www.)...... i visited the site many times & there was no virus...... u can hide but u cannot run from anti immigrants...... ever heard of Godzilla principle...... face the reality now to fight it or face the Godzilla later......
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singhv_1980
01-31 07:38 PM
I am planning on taking an interview date in Delhi. I read that for mumbai, you have to drop your docs 1 week prior to your appointment. Can anyone explain the procedure for Delhi, please?
I am still waiting for it to show the availablity. But I got HDFC receipt from India.
Once date is shown- I will apply for non immigrant visa on the website. Now will they ask me to put my petition info (I-797) at this time? Or I will just fill in DS 156 and DS 157 forms??
Once I fill in the forms (with bar code), I will have to take them along in the interview. Is it true?? Or I will have to drop out my docs. at VFS location even for Delhi consulate????
Please help ppl...this stamping ordeal is taking toll on me now...alas! I was born earlier ;):p
I am still waiting for it to show the availablity. But I got HDFC receipt from India.
Once date is shown- I will apply for non immigrant visa on the website. Now will they ask me to put my petition info (I-797) at this time? Or I will just fill in DS 156 and DS 157 forms??
Once I fill in the forms (with bar code), I will have to take them along in the interview. Is it true?? Or I will have to drop out my docs. at VFS location even for Delhi consulate????
Please help ppl...this stamping ordeal is taking toll on me now...alas! I was born earlier ;):p
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chumki
12-17 03:46 PM
Got laid off but found a new job and working on EAD.
Status :
I-485 pending over 180 days
I-140 approved and employer will not revoke I-140 and I-485
Received EAD and AP.
Question is now:
1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?
2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?
3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?
I am very confused.
Status :
I-485 pending over 180 days
I-140 approved and employer will not revoke I-140 and I-485
Received EAD and AP.
Question is now:
1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?
2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?
3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?
I am very confused.
rdx0
01-10 01:18 PM
have you considered asking your client to hire you effective jan 20, but take unpaid leave until jan 25 or whenever they are ready to hire you?
That would have worked if the Client had already finished the hiring process and filed for my extension b4 my I-94 expires on Jan 20... I am yet to appear for the interview, it is just that i have some strong references (and they have multiple openings) so I have extremely good chances of getting hired ... so, no, this idea won't work :(... Jan 25th was just a imaginary date that i gave... the hiring process may take couple weeks more than that (yup, unfortunately, it's that slow) ... I was just trying to find out what are my options after Jan 20... would I be just stuck with this staffing company or could I have the Client file for my extension... if it is legally not possible then I might as well just forget about this opportunity :(
That would have worked if the Client had already finished the hiring process and filed for my extension b4 my I-94 expires on Jan 20... I am yet to appear for the interview, it is just that i have some strong references (and they have multiple openings) so I have extremely good chances of getting hired ... so, no, this idea won't work :(... Jan 25th was just a imaginary date that i gave... the hiring process may take couple weeks more than that (yup, unfortunately, it's that slow) ... I was just trying to find out what are my options after Jan 20... would I be just stuck with this staffing company or could I have the Client file for my extension... if it is legally not possible then I might as well just forget about this opportunity :(
lazycis
11-29 04:00 PM
United States Code
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
...
(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.
So the 180 days count starts from the I-485 RD. Not even notice date.
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
...
(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.
So the 180 days count starts from the I-485 RD. Not even notice date.
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