glus
10-09 01:07 PM
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.
As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.
Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.
Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.
As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.
Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.
Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.
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dazed378
03-28 03:23 PM
I sent the documents (tax return and W-7 together) through certified mail and as per USPS tracking, they were delivered on 28th Feb. However, IRS representative said they received my tax return documents on 14th March. I got the refund through direct deposit on 25th March.
Munna Bhai
03-24 01:55 PM
audio streaming archives are available 1 to 2 hours after the show. Check here http://wamu.org/programs/kn/08/03/24.php#20155.
Our segment was about 40 minutes in. My web streamer won't allow fast forward, don't know if limitation is the client or the server. Robert and Ron go through the standard Pro / Anti H1B arguments for the first 40 minutes. I didn't want to be part of that.
I hate listening to my own voice, thanks for the complements, it will make listening to my own voice less cringing.
Mark,
Thank you very very much for this great initiative. It was a wonderful work.
-M
Our segment was about 40 minutes in. My web streamer won't allow fast forward, don't know if limitation is the client or the server. Robert and Ron go through the standard Pro / Anti H1B arguments for the first 40 minutes. I didn't want to be part of that.
I hate listening to my own voice, thanks for the complements, it will make listening to my own voice less cringing.
Mark,
Thank you very very much for this great initiative. It was a wonderful work.
-M
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miguy
03-16 09:16 AM
well, the connection is that if you get the Statement of Need from Canada, you can go to Canada to satisfy the 2 years j1-home residency requirement. While, if you get the SON from India, you would have to go to India. You have talked about plan B in your earlier post, I am a Canadian Citizen and my wife a Canadian PR(we live in Canada). So, if she gets a residency on J1, the worst is that she could come to Canada to satisfy the 2 yr requirement.
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martinvisalaw
08-18 12:46 PM
The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.
I would be surprised if CIS wanted a paystub from the current employer. They are more likely to have asked for one from the previous employer to prove that you were maintaining status.
I would normally not advise someone who was already out of work to use H-1B portability to start working for a new employer. I always recommend waiting until the new H-1B is approved. Given the gap between ending the old job and filing this H-1B, there is a strong chance that CIS will not approve the change of employer petition. This means that you have been working without authorization.
See this blog posting for more details: Law Office of Elaine Martin - immigration news: Consequences of layoffs on H-1B workers - Part 1 (http://martinvisalaw.blogspot.com/2009/02/consequences-of-layoffs-on-h-1b-workers.html).
I would be surprised if CIS wanted a paystub from the current employer. They are more likely to have asked for one from the previous employer to prove that you were maintaining status.
I would normally not advise someone who was already out of work to use H-1B portability to start working for a new employer. I always recommend waiting until the new H-1B is approved. Given the gap between ending the old job and filing this H-1B, there is a strong chance that CIS will not approve the change of employer petition. This means that you have been working without authorization.
See this blog posting for more details: Law Office of Elaine Martin - immigration news: Consequences of layoffs on H-1B workers - Part 1 (http://martinvisalaw.blogspot.com/2009/02/consequences-of-layoffs-on-h-1b-workers.html).
singhsa3
07-20 04:44 PM
I will try to answer to the best of my knowledge but I am not an attorney.
Your case fall in family based 2A preference, the PD date on which is July'02, which implies people in your situation who applied in July'02 are being adjudicated. So obviously, thats not an option for you, if you want to come immediately.
You child can come here on vistor visa. The issue you will run into is that even though visa can be granted for 10 years but she cannot stay for longer than 6 months at a stretch and some months gap before re-entring in the USA.
Second option is writting to consulate and department of state to issue visa on compassionate grounds. Issuance of such visa is rare but they are there. You probably will need to show extreme hardship and very few (even attorneys) are in position to advise you on this matter.
So my suggestion will be to go to your nearset consulate and discuss the matter with consulate officer/visa officer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Your case fall in family based 2A preference, the PD date on which is July'02, which implies people in your situation who applied in July'02 are being adjudicated. So obviously, thats not an option for you, if you want to come immediately.
You child can come here on vistor visa. The issue you will run into is that even though visa can be granted for 10 years but she cannot stay for longer than 6 months at a stretch and some months gap before re-entring in the USA.
Second option is writting to consulate and department of state to issue visa on compassionate grounds. Issuance of such visa is rare but they are there. You probably will need to show extreme hardship and very few (even attorneys) are in position to advise you on this matter.
So my suggestion will be to go to your nearset consulate and discuss the matter with consulate officer/visa officer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
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nixstor
06-28 02:13 PM
I am not sure if I am reading this right or not, go this page
http://www.imminfo.com/resources/cis-sop-aos/3-7.html
and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.
So any one who has entered US before (07/02/07) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?
http://www.imminfo.com/resources/cis-sop-aos/3-7.html
and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.
So any one who has entered US before (07/02/07) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?
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raydon
09-17 09:50 AM
If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.
Exactly. I was of the same opinion. CNN dumping a pathetic whiny loser like Lou Dobbs might give temporary satisfaction, but it has no positive effect on EB immigration. Plus there are a dozen other idiots who might be ready to replace him as the crazy-in-chief on that stupid talk show. Why even bother?
Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.
Exactly. I was of the same opinion. CNN dumping a pathetic whiny loser like Lou Dobbs might give temporary satisfaction, but it has no positive effect on EB immigration. Plus there are a dozen other idiots who might be ready to replace him as the crazy-in-chief on that stupid talk show. Why even bother?
Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.
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Nil
11-09 11:32 AM
This was very prompt of you guys.
Keep up the momentum.
The community and (we believe) this country needs professionals of your caliber.
Keep up the momentum.
The community and (we believe) this country needs professionals of your caliber.
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Jeff Wheeler
11-30 01:11 AM
why would flash people move on to flex ? That makes no sense at all.
Either you have no idea what you're talking about, or you think you do, but you really don't.
Is this directed at me?
Either you have no idea what you're talking about, or you think you do, but you really don't.
Is this directed at me?
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jthomas
06-07 11:31 AM
I don't think its a good time to change jobs. There are many who are looking for a job after getting laid off. I think till the 2nd quarter of 2010 just keep your job. I may be wrong too.
the best thing is to keep a open eye all the time and whenever there is a opening in any big project with a good pay hike then move.
If you have EAD then you don't have to worry about H1B transfer.
If you like, Join the "job networking on IV" google group and you wouls find many members with your similar skillset.
J thomas
Hi
I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..
Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?
Thanks
kp
the best thing is to keep a open eye all the time and whenever there is a opening in any big project with a good pay hike then move.
If you have EAD then you don't have to worry about H1B transfer.
If you like, Join the "job networking on IV" google group and you wouls find many members with your similar skillset.
J thomas
Hi
I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..
Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?
Thanks
kp
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sabr
09-18 01:40 PM
my I-140 is pending for than 600 days as well in addition to my pending I-485.
while using EAD with my current GC applying employer(lets say not
getting paid as in this economy its hard to find corp to corp jobs), can I
work another job full time using EAD?
while using EAD with my current GC applying employer(lets say not
getting paid as in this economy its hard to find corp to corp jobs), can I
work another job full time using EAD?
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brit89
07-07 02:02 PM
How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
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oldporkchops
07-29 04:00 AM
Hi there,
IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
more...
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anindya1234
07-17 10:15 PM
Bump
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mdforgc
04-07 08:46 PM
Guys
I think this is the time we have to work on the house conference committee members to the best. This is where we are gonna have probs. Core guys-- Can we step up some campaign for this- what is QGAs take on this? Dont mak eit public if it is sensitive.
I think this is the time we have to work on the house conference committee members to the best. This is where we are gonna have probs. Core guys-- Can we step up some campaign for this- what is QGAs take on this? Dont mak eit public if it is sensitive.
more...
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Saralayar
05-19 01:57 PM
Bullcrap....EB3 will become "U" in next one.
Too many Desis....too many competition for visa numbers....EAD is my GC for next 5 yrs.
Including you I think....;)
Too many Desis....too many competition for visa numbers....EAD is my GC for next 5 yrs.
Including you I think....;)
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sajidmd
02-19 10:47 AM
I am also getting into similar situation..
Salary is jumping by > 50%
Role is changing from Programmer Analyst to Manager... Will this have any impact ?
Salary is jumping by > 50%
Role is changing from Programmer Analyst to Manager... Will this have any impact ?
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rajuram
04-18 09:34 PM
I asked this question few days ago but no one responded. I guess nothing is going on. Why do they waste tax payers money by introducing bills and not acting on them.
Any way, pack your bags or wait for ten years.
Folks,
Does anyone know what's going on with the immigration bills? The last 3 weeks saw some new bills introduced in Congress. But no action seems to be taken or planned for these bills!
Matthew Oh has posted a link to SKIL Act of 2007 on his blog. I don't know what to make of this posting -- does it mean that it has been introduced in the Senate in the sense that it is ready for debate? Or does it mean that it has just been assigned a bill number and is now ready to catch dust.
Does anyone have any updates to share with the rest of us?
Thanks,
Andy
Any way, pack your bags or wait for ten years.
Folks,
Does anyone know what's going on with the immigration bills? The last 3 weeks saw some new bills introduced in Congress. But no action seems to be taken or planned for these bills!
Matthew Oh has posted a link to SKIL Act of 2007 on his blog. I don't know what to make of this posting -- does it mean that it has been introduced in the Senate in the sense that it is ready for debate? Or does it mean that it has just been assigned a bill number and is now ready to catch dust.
Does anyone have any updates to share with the rest of us?
Thanks,
Andy
Chicago Desi
10-18 11:45 AM
sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
--- Very good advice. I have burnt through 'company's lawyer', who is a very good one but since was hired by my employer, acted in their favor and screwed my gc. :mad:
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
--- Very good advice. I have burnt through 'company's lawyer', who is a very good one but since was hired by my employer, acted in their favor and screwed my gc. :mad:
belmontboy
07-31 01:04 PM
I would like to know what are the primary reasons why employers revokes approved I-140 after invoking AC21 after 180 days.
a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.
b. Do big companies like Infy, Wipro do this?
c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..
Please reply with ur inputs.
Wipro doesnot sponsor GC's that much.
a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.
b. Do big companies like Infy, Wipro do this?
c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..
Please reply with ur inputs.
Wipro doesnot sponsor GC's that much.
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