kams
01-10 11:08 AM
I-140 applied May 2007, EB-2 Nebraska. Approved Jan 8, 2008.
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Oct007
11-06 02:26 PM
If I renew my H1B can I avoid visa stamping by using the AP travel document.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Thanks to all for the responses.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Thanks to all for the responses.
eb3retro
07-16 01:27 PM
Thanks Raj. I am sure this will be helpful to many other people here too. Appreciate your time to write it as points.
The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.
1. Join the new company (the client of your current company)
2. Have them file labor certification.
3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.
That is all it takes. This is a standard process.
Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.
Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.
Hope this clears your hold up.
PM me if you need further clarification.
Good luck on your new job.
-Raj:)
The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.
1. Join the new company (the client of your current company)
2. Have them file labor certification.
3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.
That is all it takes. This is a standard process.
Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.
Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.
Hope this clears your hold up.
PM me if you need further clarification.
Good luck on your new job.
-Raj:)
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ramaonline
07-27 02:10 PM
You must first get into EAD status by filing form I9 with your employer. After that you can do a second job part-time or weekends / online etc using ur EAD. EAD allows open employment for your second job - not necessary to be the same as ur current full time job.
H4 holders after getting EAD must apply for SSN. After getting SSN they can do any job full time or part time.
H4 holders after getting EAD must apply for SSN. After getting SSN they can do any job full time or part time.
more...
wandmaker
08-25 09:39 AM
Hi,
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
As long as your application reached the mail room on or before Jul 21, 2008 then you are good to go and don't worry about the date on 797 receipt notice and remember to save the delivery proof. If it has reached after Jul 21, 2008 then your case will be denied because your labor is no longer valid from Jul 22, 2008 - you will have to start everything from scratch
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
As long as your application reached the mail room on or before Jul 21, 2008 then you are good to go and don't worry about the date on 797 receipt notice and remember to save the delivery proof. If it has reached after Jul 21, 2008 then your case will be denied because your labor is no longer valid from Jul 22, 2008 - you will have to start everything from scratch
tonyHK12
02-19 01:19 PM
you may find this helpful. it provides info on I-130 and I-485 and the documents you need to file. if he is clean (no criminal background, issues with legal status etc) then you should not have any problems. Good luck and congrats on your marriage.
Useful link, however it appears her husband is an illegal immigrant failing the legal status clause.
@Blondygirl: This forum is for employment based legal immigration and no one would know what to with the undocumented. We generally try to be "Neutral" on illegal immigration.
Useful link, however it appears her husband is an illegal immigrant failing the legal status clause.
@Blondygirl: This forum is for employment based legal immigration and no one would know what to with the undocumented. We generally try to be "Neutral" on illegal immigration.
more...
gcphul
12-14 03:14 PM
Hi Sam,Munnabhai
Yes i am planning to start fresh GC and h1-extensio, The reason i am expecting to reject bcoz mine LC-sub and on top of 1,2,3 Mentioned RFE's. Case me Dham Nahi hai.
Yes i am planning to start fresh GC and h1-extensio, The reason i am expecting to reject bcoz mine LC-sub and on top of 1,2,3 Mentioned RFE's. Case me Dham Nahi hai.
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mysticblue
08-17 02:49 AM
You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.
Thank you so much. Your advice is highly appreciated.
Thank you so much. Your advice is highly appreciated.
more...
indianabacklog
10-27 05:04 PM
I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.
Sorry you had trouble finding the location. The intersection of roads was the nearest I could suggest.
Two of is. infact three including Ulises wife Dana were there. The Starbucks we were at was next to Panera Bread on the corner near a large Kohls store and Walmart.
Once again I am sorry not to have had the chance to meet you today.
Please feel free to send me a PM, give me a telephone number and I will call you.
Sorry you had trouble finding the location. The intersection of roads was the nearest I could suggest.
Two of is. infact three including Ulises wife Dana were there. The Starbucks we were at was next to Panera Bread on the corner near a large Kohls store and Walmart.
Once again I am sorry not to have had the chance to meet you today.
Please feel free to send me a PM, give me a telephone number and I will call you.
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ronhira
08-20 02:11 PM
How about an apology from an Indian Prime Minister saying he is sorry that you were born in India and are not able to get greencard.
Why should USCIS apologize to you? Did USCIS force you to apply for Greencard?
I agree with rajuram. We are all tax payers. The whole concept of democracy is taxation with representation. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?
Why should USCIS apologize to you? Did USCIS force you to apply for Greencard?
I agree with rajuram. We are all tax payers. The whole concept of democracy is taxation with representation. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?
more...
abhijitp
06-21 02:48 PM
Also : 140 gets rejected in following cases:
1. Degree compatability
2. Exp + degree in EB2
3. Financial ability of firm - this only with bad records
i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.
BigBoy, it can get an RFE bcos of insufficient evidence to support "EB-2". A rejection can also happen for trivial reasons e.g. my labor cert was first rejected for a typo (incorrect date), and we had to re-file a week later.
I spoke to my attorney/HR and they are ok to premium process my first I-140 (which is categorized incorrectly as EB-3 by the paralegal, although the covering letter for that I-140 clearly says EB-2.)
But my Successor in interest application cannot be premium processed as the original labor app was attached to the first I-140. Apparently there is a rule you can only premium process an I-140 which has the original labor cert attached.
When I asked my attorney if USCIS will return the original labor cert at the end of the first I-140 decision, she said NO, it is not returned!! Is this true? I was hoping to at least get hold of that original labor cert, so that if the I-140 is somehow rejected then I could use the original labor cert to file a new I-140 successor in interest application under premium processing.
Comments/suggestions welcome.
Thanks!
Abhijit
1. Degree compatability
2. Exp + degree in EB2
3. Financial ability of firm - this only with bad records
i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.
BigBoy, it can get an RFE bcos of insufficient evidence to support "EB-2". A rejection can also happen for trivial reasons e.g. my labor cert was first rejected for a typo (incorrect date), and we had to re-file a week later.
I spoke to my attorney/HR and they are ok to premium process my first I-140 (which is categorized incorrectly as EB-3 by the paralegal, although the covering letter for that I-140 clearly says EB-2.)
But my Successor in interest application cannot be premium processed as the original labor app was attached to the first I-140. Apparently there is a rule you can only premium process an I-140 which has the original labor cert attached.
When I asked my attorney if USCIS will return the original labor cert at the end of the first I-140 decision, she said NO, it is not returned!! Is this true? I was hoping to at least get hold of that original labor cert, so that if the I-140 is somehow rejected then I could use the original labor cert to file a new I-140 successor in interest application under premium processing.
Comments/suggestions welcome.
Thanks!
Abhijit
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andymajumder
09-22 09:33 PM
I applied in early August too but haven't received mine yet. I had delayed applying for my AP and current one expired last week, in the meantime it is possible that I may have to visit India since my dad has suddenly been hospitalized. Is there a way to get an Emergency AP?
Many thanks
Many thanks
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go_guy123
09-15 12:52 PM
Hi All,
Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:
Thanks
I think you are new to EB issues. EB reform has been tried since 2004 and it has failed each time. CIR has been tried since 2006 and it has failed many times. CIR has almost no chance given the political realities that Democratic party/Obama is getting tied up with healthcare.
Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:
Thanks
I think you are new to EB issues. EB reform has been tried since 2004 and it has failed each time. CIR has been tried since 2006 and it has failed many times. CIR has almost no chance given the political realities that Democratic party/Obama is getting tied up with healthcare.
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ramaonline
12-28 02:21 PM
Some in this situation are planning to do the full time MBA from the IIMs / ISB under NRI quota which requires gmat score. check topmba.com for info on international schools etc
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gc_peshwa
03-07 03:19 PM
Just make sure your new job description somewhat matches the one on which your I140 was approved. I *think* the job descriptions have to match for PD porting???? IDK
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reddysn
06-16 09:27 AM
My lawyer answered that one can work on OPT-EAD till one gets their I-485 EAD. So I guess you dont need to worry. Better check with ur lawyer also.
My wife has changed her status from H4 to F1 in last
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
My wife has changed her status from H4 to F1 in last
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
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gman
07-08 08:08 PM
Where's this information posted?
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jindhal
05-16 05:44 PM
I also called Sen. Menendez regarding the Murray amendment and talked to someone a lady.
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meher
12-24 10:38 AM
Hi
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
tinku01
03-26 01:05 PM
in Coming may bulletin EB2 will go upto July 2004
madhu345
07-27 09:06 AM
I don't think its required to work 100% while you an EAD, most of us apply EAD for spouses along with us, but how many are going to start work?
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