aubGC
03-19 09:24 AM
I think, you need 3 latest paystubs for your H1B transfer to another employer..
Please check with attorney for confirmation...Good Luck to you
Please check with attorney for confirmation...Good Luck to you
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raysaikat
07-13 02:36 AM
Hi Raysakat
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
neobuddha
10-14 03:28 PM
You can provided:
a- If have not used your AP, if it is single entry
b- Otherwise, you can use it multiple time before the date of expiry, if it is multiple entry.
Good Luck,
-Neo
a- If have not used your AP, if it is single entry
b- Otherwise, you can use it multiple time before the date of expiry, if it is multiple entry.
Good Luck,
-Neo
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Raven
01-20 03:05 PM
Forgive me for being naive and ignorant but I thought Obama was for immigrants/immigration/CIR. What Happened here? Did I miss something..Fill me in if you can please. Thanks.
more...
BMWX5
03-08 09:51 PM
I travelled to India first time after coming to USA. The airline people did not take my I94 from me. I was not aware if I had to turn it in. I came back and got another I94. Now what do I do with my old I94? My 140/485 is in progress.
Same thing happend with me too. I gave them, they said they don;t want.
I tried to give evey point of my transit, nobody took it.
Don't know how to handle.
Same thing happend with me too. I gave them, they said they don;t want.
I tried to give evey point of my transit, nobody took it.
Don't know how to handle.
pappu
12-13 01:05 PM
After giving the call for the meeting only one member responded and met me. If there is no active interest by members how can we all get things done. We need every member to participate in the effort. Together we can do it!!
more...
kalyan
07-07 12:46 PM
Invite the Senators to this meeting.
Make them come since we pay Taxes. That way , they know that there is legal Immigration Community .
Invite the Heads of DMV so that they can address our driving problems
Invite SSN people local heads.
When we do this, we can pay for their expenses to join us in that meet.
I am open to it. Not only by contribution but also working.
Make them come since we pay Taxes. That way , they know that there is legal Immigration Community .
Invite the Heads of DMV so that they can address our driving problems
Invite SSN people local heads.
When we do this, we can pay for their expenses to join us in that meet.
I am open to it. Not only by contribution but also working.
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JunRN
12-18 02:49 PM
Chumki, although it is not required by law, there is a risk of not filing a memo. That is why I am saying it's your decision. Are you taking the risk or not?
You don't "have to", right! But are you willing to take the risk?
In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.
USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.
You don't "have to", right! But are you willing to take the risk?
In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.
USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.
more...
rama_mvs
07-18 03:45 PM
Hi,
I have worked for the same employer who filed my 485 as future employment for more than 6 years. He filed for H1 extension in last November'2006. It got denied in June'2007. But he send this denial as Motion to Reopen Case . For my safety I filed another H1 with another employer during this time and I am working for the new employer.
My 140 got approved when I am with my old employer itself. Now he is filing 485 for me as Future employment.
My question is after I receive AC21 and also after six months of receiving the receipt for 485 . Can I jump to another company or is it advisable to work for the company who filed my I-485 until I get my Green card or for how many months ?
Thanks,
Ram :mad:
I have worked for the same employer who filed my 485 as future employment for more than 6 years. He filed for H1 extension in last November'2006. It got denied in June'2007. But he send this denial as Motion to Reopen Case . For my safety I filed another H1 with another employer during this time and I am working for the new employer.
My 140 got approved when I am with my old employer itself. Now he is filing 485 for me as Future employment.
My question is after I receive AC21 and also after six months of receiving the receipt for 485 . Can I jump to another company or is it advisable to work for the company who filed my I-485 until I get my Green card or for how many months ?
Thanks,
Ram :mad:
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gmail
12-21 12:31 PM
Hi,
In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?
Regards,
In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?
Regards,
more...
aadimanav
12-11 01:41 AM
Thanks Pappu
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WeShallOvercome
07-18 12:05 PM
I think it has to be either you or your lawyer. No third party should get any communication from USCIS. So I guess you'll get it - if at all they send it back.
more...
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krishnam70
05-05 04:37 PM
No reason to deny your 7th year H1 extension based on the fact that it is for a different role. It DOESNT have to be "same or similar" for this case.
But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
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vijju123
04-28 04:51 PM
Sometimes employers have an agreement with the law firms that all primary correspondance should happen between the employee and employer representative usually HR / Immigration Compliance administrator. Employer representative will direct the employee to the law firm if they are not able to answer their questions. This is the scenario with my employer. Hope this helps.
Vijay
Vijay
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sagittarian
12-18 06:24 PM
. hope this helps.
You bet! Thanks a lot.
You bet! Thanks a lot.
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GCBoy786
07-05 08:00 PM
http://news.yahoo.com/s/afp/20070705/bs_afp/canadaussoftware_070705193651;_ylt=Ajatybf8w57Zhcm Lg8h8JH1Quk0A
Congress will not realize the importance of EB immigration until all of the s/w jobs are outsourced as manufacturing jobs...
Congress will not realize the importance of EB immigration until all of the s/w jobs are outsourced as manufacturing jobs...
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jambapamba
08-03 07:34 PM
Hi experts,
Can someone help me in this regards. Awaiting eagerly for ur expert comments.
Regards
Now I see why you keep asking the same question...you started the thread.
Ok, here you go...
1. It doesn't matter how many years experience you have. Unless the job requires EB2 level requirements, you cannot apply EB2. If the job has the requirements and your education/exp match that...then you are EB2.
2. To your question yes you can file new EB2 without affecting your 485. Now, the problems you would face are at Labor and 140 stage trying to prove that your new job reqs are significantly different from the original. After that, changing 485 is not diffcult...(even if it's approved).
Can someone help me in this regards. Awaiting eagerly for ur expert comments.
Regards
Now I see why you keep asking the same question...you started the thread.
Ok, here you go...
1. It doesn't matter how many years experience you have. Unless the job requires EB2 level requirements, you cannot apply EB2. If the job has the requirements and your education/exp match that...then you are EB2.
2. To your question yes you can file new EB2 without affecting your 485. Now, the problems you would face are at Labor and 140 stage trying to prove that your new job reqs are significantly different from the original. After that, changing 485 is not diffcult...(even if it's approved).
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wandmaker
02-12 06:44 PM
Hi , is the limit for 240 days only or TILL we get the approval ?. What do we need to after 240 days ?. Thanks.
You can work upto 240 days after your H1 expiry date while your H1B is pending. To continue working from 241st day, you would need EAD otherwise stop working until the decision is made on H1B.
You can work upto 240 days after your H1 expiry date while your H1B is pending. To continue working from 241st day, you would need EAD otherwise stop working until the decision is made on H1B.
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factoryman
06-14 05:57 PM
I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)
Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)
Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)
Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)
Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)
Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)
Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
virtual55
03-24 12:36 PM
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dharmesh.pariawala
01-08 03:01 PM
I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.
I had problem when I wanted to register my Car in New Jersey. I had moved to New Jersey from MA, so I had MA license at that time and was staying temorarily at my cousin's place. When I went to one DMV they told me that you need to have NJ driver's license to register my car. I told them the situation and that I was going to get NJ license once I get my place, but they just didn't register my car. I went twice at that place and got same answer.
Then I went to different DMV and the guy understood my situation and gave me a temporary NJ driver license number (NOT driver license) and registered my car. TOld me to give this number when I come to get NJ license and everything worked fine.
Its just some poeple don't want to know about some this or just want to create problems.
I had problem when I wanted to register my Car in New Jersey. I had moved to New Jersey from MA, so I had MA license at that time and was staying temorarily at my cousin's place. When I went to one DMV they told me that you need to have NJ driver's license to register my car. I told them the situation and that I was going to get NJ license once I get my place, but they just didn't register my car. I went twice at that place and got same answer.
Then I went to different DMV and the guy understood my situation and gave me a temporary NJ driver license number (NOT driver license) and registered my car. TOld me to give this number when I come to get NJ license and everything worked fine.
Its just some poeple don't want to know about some this or just want to create problems.
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