bikram_das_in
03-04 04:53 PM
Congrats bro. You deserve every bit of the green.
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arc
10-03 02:36 PM
Idea and Placard message... Plain and Simple... Hey Jamie did I miss you at the Rally?
kaisersose
01-22 04:37 PM
The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
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gc_chahiye
10-26 03:43 PM
My Lawyer is saying that we cannot apply for AP without a valid reason and a valid paper such as someone is sick or wedding with a proof.
Is this true?
Thanks,
PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.
I had the same concerns on reading the instructions on the I-131 pplication form for the AP.
On page 2:
"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."
And later on page 4 section III B 1 they go on to say:
You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons
However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.
Is this true?
Thanks,
PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.
I had the same concerns on reading the instructions on the I-131 pplication form for the AP.
On page 2:
"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."
And later on page 4 section III B 1 they go on to say:
You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons
However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.
more...
jax999
01-29 05:18 PM
Anybody Travelled with only Advance Payrole through Frankfurt recently please post ?
where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?
My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.
So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .
While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?
Please reply soon . I really appriciate you . Thank You.
where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?
My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.
So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .
While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?
Please reply soon . I really appriciate you . Thank You.
Reddy1576
07-27 10:17 PM
I have another question if my I-140 is in appealed stage will my H1 b would be approved? If approved what are the chances of getting approval if i tranfer my H1b with the different company while I-140 is appealed with the existing company?
can i apply one more I-140 , and what will be my case in this situation?
Thanks
Reddy
can i apply one more I-140 , and what will be my case in this situation?
Thanks
Reddy
more...
GC Struggle
04-10 11:49 AM
Hi Guys -
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application along with EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
Once you use your EAD you will no option but to enter on AP. Using your EAD would automatically cancel your H1- B � This can be reactivated by filing an amendment with USCIS � by doing so you will get an H1 for a duration that you still have remaining as part of the 6 year period (in this case an H1 amendment would cost the same as a new H1)
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I don�t want to lose this position and want to take up the FT job.
An approval for an AP takes considerable amount of time.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
There is no way USCIS will be informed if you are using your EAD or H1. Why don�t you travel on your H1 and activate your EAD after you return from Canada
Gurus - please help me here...........
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application along with EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
Once you use your EAD you will no option but to enter on AP. Using your EAD would automatically cancel your H1- B � This can be reactivated by filing an amendment with USCIS � by doing so you will get an H1 for a duration that you still have remaining as part of the 6 year period (in this case an H1 amendment would cost the same as a new H1)
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I don�t want to lose this position and want to take up the FT job.
An approval for an AP takes considerable amount of time.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
There is no way USCIS will be informed if you are using your EAD or H1. Why don�t you travel on your H1 and activate your EAD after you return from Canada
Gurus - please help me here...........
2010 Origin Builders | Projects:
karthkc
03-18 05:19 PM
Yha i got my EAD through Spouse.
Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?
Okay..Here is the deal..If you are on H1B currently and do NOT have any paystubs for longer than a month (usually), then you face the risk of getting an RFE from USCIS regarding your status.
This is YMMV meaning you may get it or you may not, nobody can say for sure...It all depends on how closely USCIS looks at your case.
If you have been on H1B status without paystubs longer than 183 calendar days, you have bigger problems. My recommendation in that case is to get a good attorney ASAP.
If you feel your case status so far does not have any major legal or immigration issues, my suggestion is to use the EAD to work and make sure you renew it on time and stay in AOS. The downside to that is if your spouse's 485 has any issues and gets denied, then you are immediately out of status. (If that happens, you probably have more to worry about than just your status)
As always, take the above with a pinch of salt and consult an attorney in moments of doubt...!
Thanks!
Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?
Okay..Here is the deal..If you are on H1B currently and do NOT have any paystubs for longer than a month (usually), then you face the risk of getting an RFE from USCIS regarding your status.
This is YMMV meaning you may get it or you may not, nobody can say for sure...It all depends on how closely USCIS looks at your case.
If you have been on H1B status without paystubs longer than 183 calendar days, you have bigger problems. My recommendation in that case is to get a good attorney ASAP.
If you feel your case status so far does not have any major legal or immigration issues, my suggestion is to use the EAD to work and make sure you renew it on time and stay in AOS. The downside to that is if your spouse's 485 has any issues and gets denied, then you are immediately out of status. (If that happens, you probably have more to worry about than just your status)
As always, take the above with a pinch of salt and consult an attorney in moments of doubt...!
Thanks!
more...
vishwak
09-13 09:48 AM
There shouldn't be any Payroll at all.
Ask them not to run payroll until you get approved EAD. Having Payroll might create issues in future.
As her manager is helpful, tell them she will not work until she gets EAD approval.
Ask them not to run payroll until you get approved EAD. Having Payroll might create issues in future.
As her manager is helpful, tell them she will not work until she gets EAD approval.
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gyrog
06-04 10:28 AM
Petition on the gournds of National Interest Waiver falls under EB-2 category. One cannot file 140 and 485 concurrently if the priority date for 485 is not current (to the best of my knowledge). However, you may apply for I-140 based on NIW at any time.
more...
sertasheep
07-05 05:39 PM
ask them to quote the section of the law which makes it not legal for L1 visa holders not to participate in 401K. I am very curious to know.
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arc
10-03 02:36 PM
Idea and Placard message... Plain and Simple... Hey Jamie did I miss you at the Rally?
more...
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iviviv
11-01 09:33 PM
Contact www.murthy.com
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bikram_das_in
03-04 04:53 PM
Congrats bro. You deserve every bit of the green.
more...
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hnordberg
October 24th, 2004, 08:24 PM
I like #3 the best because it is the one that would let me into the field. And the composition is simple and interesting.
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siddar
11-09 04:38 PM
So hypothetically:
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.
more...
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bobzibub
10-15 11:32 AM
AILA has asked USCIS that question 6 months ago.
USCIS has not answered the question.
That is why some lawyers say yes, some say no. They don't know what USCIS will say.
I've emailed the ombudsman to get USCIS to answer and give a legal basis for their answer too.
We deserve to know.
USCIS has not answered the question.
That is why some lawyers say yes, some say no. They don't know what USCIS will say.
I've emailed the ombudsman to get USCIS to answer and give a legal basis for their answer too.
We deserve to know.
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RNGC
07-07 11:37 AM
^
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wandmaker
04-02 01:03 AM
If you do not want to send it together, send 140 and wait for the receipt notice and file your 485 after it is current. zCool has given the inputs.
The simple answer based on your signature is - You can choose to send together, assuredly it will be adjudicated separately; the timeline is unknown to everyone.
The simple answer based on your signature is - You can choose to send together, assuredly it will be adjudicated separately; the timeline is unknown to everyone.
gsc999
06-13 02:30 PM
Americans want immigrants like yourself who follow the rules and contribute to American society; it is our valued tradition. What we don't want is illegals walking all over our laws. The illegals hurt lawfull immigrants. I married an immigrant who followed the rules, she's very bitter over the way this country is pandering to the Hispanic Reconquista crowd. Americans don't want the amnesty, but the government is pushing for it. Legal immigrants and applicants, IMO, should stand up and be heard to fight anmesty as well.
---
Polk1848: Stop patronizing us. Your condescending attitude won't go far on this forum. Each one of IV member is a quintessential American in the making. We understand the American dream far better then many born American citizen, who think everybody else owe them something just because they were born in USA. We, on the other hand are living and moving towards the classic American dream. A good start will be to join us in our cause instead of demanding we oppose Hispanics or undocumented immigrants.
---
Polk1848: Stop patronizing us. Your condescending attitude won't go far on this forum. Each one of IV member is a quintessential American in the making. We understand the American dream far better then many born American citizen, who think everybody else owe them something just because they were born in USA. We, on the other hand are living and moving towards the classic American dream. A good start will be to join us in our cause instead of demanding we oppose Hispanics or undocumented immigrants.
snathan
06-24 10:18 PM
Hopefully there wont be any answer for you guys. People are waiting in line for years and you guys cut short with sub labor. Good keep it up.
