gotgc?
12-19 09:17 PM
I don't know much about Labor Subs to answer...what I did notice is that your lawyer is through company...not going to generalize, but with company lawyers you really should question them and not believe totally what they say....meaning do your own research too. Company lawyer's are interested in keeping employees longer at company and can sometimes push you to do things to cause that. I don't know why you can't have 2 I 140's. But withdrawing your first one would invalidate your 485/ead and depending on your priority date (which would be 2007/2008) and country of birth, you may not have a chance to apply for 485 for a long long time (meaning stuck in same job for long long time...). Again I don't know much about labor subs, my advice is to do your own reasearch, get answers, opinions, and not just take company's lawyers word on everything.
You are right! This is our company lawyers. They are very bureaucratic and always says as per company policy...Here is their response that why they have to withdraw:
"1. An I-140 is a statement the employer makes to the immigration service regarding what job the beneficiary will be performing. We filed an I-140 LC Sub petition on your behalf stating that you will be working in a XXXX position. We will not file another petition stating that you will be working in another position / occupation XXXX without withdrawing the first statement (I-140 LC Sub).
2. If we file the I-140 based on the LC-PERM, we would interfile it into your pending AOS, so your AOS would be pending based on the pending I-140 (NOT the withdrawn LC Sub)."
I know that their first point is all "BS"...am going to fight this with my Manager. But, the second point am not sure.
Is it possible to interfile if the PD is not current? My pending LC SUB and the PERM LC PD, both are not current. Please confirm whether it is true or not. This will help me make my case.
Thanks to you all in advance
You are right! This is our company lawyers. They are very bureaucratic and always says as per company policy...Here is their response that why they have to withdraw:
"1. An I-140 is a statement the employer makes to the immigration service regarding what job the beneficiary will be performing. We filed an I-140 LC Sub petition on your behalf stating that you will be working in a XXXX position. We will not file another petition stating that you will be working in another position / occupation XXXX without withdrawing the first statement (I-140 LC Sub).
2. If we file the I-140 based on the LC-PERM, we would interfile it into your pending AOS, so your AOS would be pending based on the pending I-140 (NOT the withdrawn LC Sub)."
I know that their first point is all "BS"...am going to fight this with my Manager. But, the second point am not sure.
Is it possible to interfile if the PD is not current? My pending LC SUB and the PERM LC PD, both are not current. Please confirm whether it is true or not. This will help me make my case.
Thanks to you all in advance
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zCool
04-02 02:13 PM
They ask for entire requested period. Send everything you have + my lawyer wrote a letter specifying that this client is where I will be for next 3 yrs. and contract is always extended every 6 months. (This part was not specifically mentioend anywhere.)
We also had 3 other offers from local fortune 500 co. One of them even had open ended contract with no end-date so
that may have helped
If you are working for past 3 yrs. that is a VERY sTRONG case. send all the contracts for past 3 yrs.
They want to make sure it's a genuine high-tech employment.
Zcool,
I applied for my H-1B extension and got an RFE asking for contracts and client letters for the requested period i.e., for the next 3 years.
I see that they asked for client letters from you ... but did they ask for the next 3 years? and if so, did you guys reply the RFE with a client for 3 years?
I have been working at the same client for the last 3 years, through a vendor. Mine is a small consulting company. The client has been extending the contract in 6 month increments and I could get a client letter for the next 6 months only.
Same is the case with the contract.
I could not file for 140/485 in july, 07.. so do not have the EAD safety net.
Please advise.
Thank you.
We also had 3 other offers from local fortune 500 co. One of them even had open ended contract with no end-date so
that may have helped
If you are working for past 3 yrs. that is a VERY sTRONG case. send all the contracts for past 3 yrs.
They want to make sure it's a genuine high-tech employment.
Zcool,
I applied for my H-1B extension and got an RFE asking for contracts and client letters for the requested period i.e., for the next 3 years.
I see that they asked for client letters from you ... but did they ask for the next 3 years? and if so, did you guys reply the RFE with a client for 3 years?
I have been working at the same client for the last 3 years, through a vendor. Mine is a small consulting company. The client has been extending the contract in 6 month increments and I could get a client letter for the next 6 months only.
Same is the case with the contract.
I could not file for 140/485 in july, 07.. so do not have the EAD safety net.
Please advise.
Thank you.
alinaturkova
01-15 03:53 PM
Thanks for your help!
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needhelp!
09-19 01:00 AM
Its the time of my life..
I've never felt this way before..
Its the truth..
and I owe it all to you
IV IV IV IV IV IV IV
I've never felt this way before..
Its the truth..
and I owe it all to you
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sparklinks
10-17 09:27 AM
I don't think it is true. My lawyer said using AP will not invalidate H1B.
I have seen many people saying they came through AP and extended H1B , some even 3 times.
Anyway, I am travelling outside and planning to use my AP while coming back. I will post a message if I come through H1B
Thanks Buddy !! PM me when you come back plz.
I have seen many people saying they came through AP and extended H1B , some even 3 times.
Anyway, I am travelling outside and planning to use my AP while coming back. I will post a message if I come through H1B
Thanks Buddy !! PM me when you come back plz.
saketkapur
12-07 12:16 PM
So you apply about 4 months in advance? Are you then not losing about 3 months of your previous validity due to this practice?
not sure what you mean.
If your new validity date starts before the current one expires then yes you might lose the time depending on how fast your EAD was approved.
In my experience there has been no consistency in the issuance of the validity date in the past. I have received cards where the new validity date has been the day after my current EAD expired thereby me not losing any time and there have been times when I have lost time due to new validity date being prior to my current one expiring.
As per USCIS rules you can apply for renewal 120 days before your current one expires and not before that. Remember you can also apply for renewal a day before or even after expiry, its just that you cannot work as long as you do not have a valid EAD(or other work permit like H1B, L1 etc).
So as long as you are not at the risk of losing your job due to no EAD in hand I guess you can apply anytime once your 120 day window kicks in.
PS:Above is just my understanding of the system and should not be taken as legal advise. For any clarifications please consult your attorney.
not sure what you mean.
If your new validity date starts before the current one expires then yes you might lose the time depending on how fast your EAD was approved.
In my experience there has been no consistency in the issuance of the validity date in the past. I have received cards where the new validity date has been the day after my current EAD expired thereby me not losing any time and there have been times when I have lost time due to new validity date being prior to my current one expiring.
As per USCIS rules you can apply for renewal 120 days before your current one expires and not before that. Remember you can also apply for renewal a day before or even after expiry, its just that you cannot work as long as you do not have a valid EAD(or other work permit like H1B, L1 etc).
So as long as you are not at the risk of losing your job due to no EAD in hand I guess you can apply anytime once your 120 day window kicks in.
PS:Above is just my understanding of the system and should not be taken as legal advise. For any clarifications please consult your attorney.
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gc28262
06-30 05:38 PM
This is my understanding. Please cross check with a lawyer.
Once I-140 is approved, the PD is yours to keep for life unless it is revoked by USCIS for fraud reasons.
Here are posts from Ron Gotcher:
Does approval of I140 change your status in anyway? (http://www.immigration-information.com/forums/i-140-petitions/46-does-approval-of-i140-change-your-status-in-anyway-2.html#post5136)
Establishment and retentions of employment based priority dates (http://imminfo.com/Library/green_cards/EB/establishment_retention_EB_priority_dates.html)
Once I-140 is approved, the PD is yours to keep for life unless it is revoked by USCIS for fraud reasons.
Here are posts from Ron Gotcher:
Does approval of I140 change your status in anyway? (http://www.immigration-information.com/forums/i-140-petitions/46-does-approval-of-i140-change-your-status-in-anyway-2.html#post5136)
Establishment and retentions of employment based priority dates (http://imminfo.com/Library/green_cards/EB/establishment_retention_EB_priority_dates.html)
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sixburgh
08-04 12:00 PM
Thanks for sharing your experience. Please let us know where did you get your stamping and also what questions and documents were asked?
Thanks.
Mumbai consulate.
They asked for zero documents.
I had taken a ton of documents
Salary slips
Tax returns
I129 petition copy
H1 approval
Name it I had it
But he asked me nothing
Thanks.
Mumbai consulate.
They asked for zero documents.
I had taken a ton of documents
Salary slips
Tax returns
I129 petition copy
H1 approval
Name it I had it
But he asked me nothing
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pwI-skTBMb!iGQiC!~~_3.JPG "Fileusaf security forces")
Almond
07-16 10:23 PM
They will reject your application without medical exam. Before USCIS officers had instruction to favor RFE, meaning denying as last resort. Now they are instructed to deny any incomplete application and accept only if everything is OK.
Get the list of the doctors from USCIS web site and find one, drive/fly to them.
More likely you are not a from large city if the doctor is problem. In LA there are hundreds and I had an appointment the very next day.
This is so serious. I'm mentally going down the list over the things I sent with my application. :(
Get the list of the doctors from USCIS web site and find one, drive/fly to them.
More likely you are not a from large city if the doctor is problem. In LA there are hundreds and I had an appointment the very next day.
This is so serious. I'm mentally going down the list over the things I sent with my application. :(
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gagbag
06-14 09:06 PM
Any one
more...
indyanguy
06-13 08:37 PM
after all this, there is a very high likelihood of getting RFE from USCIS at 485 stage.
What kind of RFE can be expected at the 485 stage?
What kind of RFE can be expected at the 485 stage?
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WillIBLucky
12-11 01:26 PM
Yes its good USCIS have revenue to hire more people to process our applications. Well said.
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
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Desi Unlucky
09-20 08:27 PM
I really like these ideas and strongly feel that this would work. I myself have just now decided to take upon me to register at least 6 members by next week. Core members give a thought abt these ideas. Also put up a request on the registration page to spread the word and get at least two other people registered.
As I am writing, I understand there are 1900 active members and 5800 members. Even if 50% of the members bring one new member each, there will be a tremendous increase. And this can be done via internet: web and emails. Set a target (50% increase?),deadline (Oct 31st?) and have weekly count of new additions displayed prominently. Democrats did that for Howard Dean's campaign and the model has been used for subsequent elections by both the parties..
IV core had been very voiceferous, when we needed to achieve the funding target in summer. Can they become more involved chalking out a plan to
increase membership, if that really matters? In the membership enrollment form, if there is a field asking if some old members brought the applicant in, then we would know how many old ones really care to do something. Without personal outreach and contact, the rate of new additions will never increase.
Are we upto this?
As I am writing, I understand there are 1900 active members and 5800 members. Even if 50% of the members bring one new member each, there will be a tremendous increase. And this can be done via internet: web and emails. Set a target (50% increase?),deadline (Oct 31st?) and have weekly count of new additions displayed prominently. Democrats did that for Howard Dean's campaign and the model has been used for subsequent elections by both the parties..
IV core had been very voiceferous, when we needed to achieve the funding target in summer. Can they become more involved chalking out a plan to
increase membership, if that really matters? In the membership enrollment form, if there is a field asking if some old members brought the applicant in, then we would know how many old ones really care to do something. Without personal outreach and contact, the rate of new additions will never increase.
Are we upto this?
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mnkaushik
03-02 09:10 AM
You dont have to pay any taxes for tranfering money. It looks like you are supporting your parents by transfering your savings to their account.
Since the account is in your parents name and i am guessing you are not a jt holder since that is illegal in india. A NRI and indian resident cannot be joint holders of an account.
If you were transferring it to your nre or nro account in India then you are supposed to report the account information using FBIR form( if sum of amount in all acounts > $10K) and pay taxes in US on the interest earned in those accounts.
I was not doing it initially but for past 5 years i have been paying taxes and past three years reporting all my accounts to IRS.
Hope this helps.
Since the account is in your parents name and i am guessing you are not a jt holder since that is illegal in india. A NRI and indian resident cannot be joint holders of an account.
If you were transferring it to your nre or nro account in India then you are supposed to report the account information using FBIR form( if sum of amount in all acounts > $10K) and pay taxes in US on the interest earned in those accounts.
I was not doing it initially but for past 5 years i have been paying taxes and past three years reporting all my accounts to IRS.
Hope this helps.
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fuzzy logic
07-20 03:15 PM
In Chicago
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dixie
11-28 05:01 PM
Some of us here are under the grand illusion that
(a) the lawmakes consider relief for skilled immigrants in isolation to be an important enough issue that they will make it a priority
(b) Relief for EB immigrants is totally non-controversial and everybody and his brother will back us.
Both assumptions are dead wrong. If 900 of the biggest companies and universities in america cannot convince congress to make SKIL bill a priority, then you know what a formidable challenge lies ahead of us.
As for EB relief being non-controvesial, I only need give one counter-example : S 1932.
We are all desperate for any relief : I repeat ANY. To think that the core team would be so shortsighted as to only pursue grandiose bills like CIR and not be on the look out for smaller relief measures is naive and severely underestimating their intelligence.
(a) the lawmakes consider relief for skilled immigrants in isolation to be an important enough issue that they will make it a priority
(b) Relief for EB immigrants is totally non-controversial and everybody and his brother will back us.
Both assumptions are dead wrong. If 900 of the biggest companies and universities in america cannot convince congress to make SKIL bill a priority, then you know what a formidable challenge lies ahead of us.
As for EB relief being non-controvesial, I only need give one counter-example : S 1932.
We are all desperate for any relief : I repeat ANY. To think that the core team would be so shortsighted as to only pursue grandiose bills like CIR and not be on the look out for smaller relief measures is naive and severely underestimating their intelligence.
more...
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hsingh82
06-25 11:48 AM
America’s Voice | Ask Washington for a Road Map, Now! (http://americasvoiceonline.org/page/speakout/Roadmap)
This is what wrote:
Subject: Please include legal immigrants in CIR
In CIR road map, please include legal immigrants waiting for GC for years (in some cases decade) because of unavailability of visa numbers.
Thanks.
Sincerely,
XYZ
This is what wrote:
Subject: Please include legal immigrants in CIR
In CIR road map, please include legal immigrants waiting for GC for years (in some cases decade) because of unavailability of visa numbers.
Thanks.
Sincerely,
XYZ
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walking_dude
10-04 11:39 AM
I'm not from IL. ( I live in MI).
However I'm interested particularly in your state as you have the bete noire of H1Bs - the infamous legal immigration killer - Mr. Durbin as a Senator from your state. Anytime you guys plan a rally outside his office ( or thousand IV members meeting Mr. Durbin program), do count me in.
However I'm interested particularly in your state as you have the bete noire of H1Bs - the infamous legal immigration killer - Mr. Durbin as a Senator from your state. Anytime you guys plan a rally outside his office ( or thousand IV members meeting Mr. Durbin program), do count me in.
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WeShallOvercome
08-24 01:45 PM
Hi gurus-
Please let me know Can we use EAD with out I140 Approval.
Thanks
Aj
Yes, You can use EAD and start working on it before I-140 approval BUT you can not change employer using AC21 without an approved I-140 even if your I-485 is pending for more than 180 days.
Let me clarify some doubts people have on this thread...
It's your choice whether to use EAD or H1 to work,
You can change employer on EAD as well as H1(EAD is just easier, no application fee involved), provided your 485 is pending for 180 days and 140 is approved.
EAD does not give you the freedom to change employer if the other 2 conditions are not met(140 approval and 485 pending for 180 days). Once these 2 conditions are met, you can change even on H1....
Please let me know Can we use EAD with out I140 Approval.
Thanks
Aj
Yes, You can use EAD and start working on it before I-140 approval BUT you can not change employer using AC21 without an approved I-140 even if your I-485 is pending for more than 180 days.
Let me clarify some doubts people have on this thread...
It's your choice whether to use EAD or H1 to work,
You can change employer on EAD as well as H1(EAD is just easier, no application fee involved), provided your 485 is pending for 180 days and 140 is approved.
EAD does not give you the freedom to change employer if the other 2 conditions are not met(140 approval and 485 pending for 180 days). Once these 2 conditions are met, you can change even on H1....
sapota
10-05 01:57 PM
AFAIK no relation between IRS & GC unless its a criminal fraud.
techbuyer77
09-17 02:21 PM
How were you able to file in june 2007 when the dates were not current for eb3. They wont even accept the applications.
My pd was current on June Bulletin
January 27 2004 ROW
My pd was current on June Bulletin
January 27 2004 ROW
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