glus
04-15 02:24 PM
In employment-based immigration, an I140 is an immigrant petition according to the law. So most likely INS will determinate one must work for 3 years before the I140 is filed. Many people think that an immigrant petition means filing for I485, but I don't think that the case. I140 is the immigrant petition.
I am not an attorney.
G
I am not an attorney.
G
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pansworld
07-11 11:53 AM
Where we post photographs/names of immigrants and the respective countries that they are from. That way many of us who cannot make it to DC can actually show our support and it will put a human face to the whole thing....
wandmaker
10-22 11:42 PM
Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
he and his wife both are working on EAD so they do not have non-immigrant status. If his application is denied, eventually spouse will also get denied. You are legal until it gets denied. Even after denial, you can appeal.... but it all depends on reason for denial. Thats what i mean :)
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
he and his wife both are working on EAD so they do not have non-immigrant status. If his application is denied, eventually spouse will also get denied. You are legal until it gets denied. Even after denial, you can appeal.... but it all depends on reason for denial. Thats what i mean :)
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kirupa
09-03 10:03 PM
That's a good point! I never noticed that, but I will look into it shortly :)
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liberty
10-25 09:23 PM
Are the kids allowed in the office?
krishnam70
08-14 12:30 PM
This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
more...
kris04
08-18 06:17 PM
:confused:Hi all,
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
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Libra
08-09 11:26 PM
This organization and this forum is running on contributions but why you guys want to use this forum but not interested in contributing, if you need just info there are so many other attorney forums where you can go and get the info. but when you are here in IV, i'll ask to contribute on any thread:D you guys dont even bother to look into action items and contribution thread. so i have to go to each and every thread and request people
So, i once again request you guys to think about contribution and let IV work for us. Thanks.
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
So, i once again request you guys to think about contribution and let IV work for us. Thanks.
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
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snathan
05-04 01:45 PM
Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D
When the employe and employer are two different entity...why can not?
I will have a very good employer- employe relationship...:D
When the employe and employer are two different entity...why can not?
I will have a very good employer- employe relationship...:D
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desi3933
07-06 12:24 PM
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
From legal point of view - there is no unused visa numbers. USCIS can issue not more than 140k GCs. Since it is "not more than", there is no unused visa numbers.
As per law, it is not permitted to carry over remaining visa numbers either.
Only a new bill can "claim" visa numbers this way.
__________________
Not a legal advice.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
From legal point of view - there is no unused visa numbers. USCIS can issue not more than 140k GCs. Since it is "not more than", there is no unused visa numbers.
As per law, it is not permitted to carry over remaining visa numbers either.
Only a new bill can "claim" visa numbers this way.
__________________
Not a legal advice.
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pmb76
08-19 12:13 AM
Such are the erratic ways of USCIS that we are all in the paranoid zone. When you get the unexpected (i.e. paper mail and no online approval) it does make us wonder and asntonished. There is an old Turkish proverb "When you burn your lips drinking hot milk you start blowing on your yogurt"
I hope sense prevails and all the EB2s whose PDs are current get their GCs.
I hope sense prevails and all the EB2s whose PDs are current get their GCs.
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franklin
07-16 02:46 PM
You should probably include area of chargeability as well, to help the experts answer. This can make a huge difference as well.
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mdipi0
11-17 09:52 PM
hey, i just found out i have this account?
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glus
02-15 09:17 AM
Thank you very much. do you know suppose if we go for stamping our visa and for some reason they reject it, can we still enter USA? I am just trying to evaluate different options and the risks in each of them so that we can choose the best that works for us....
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
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whiteStallion
03-04 07:52 PM
You can also expand your family .
This is the best advice I've seen :p:p:p
This is the best advice I've seen :p:p:p
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priya9178
01-10 11:04 AM
Thanks Y'all for the inputs !
Iam going to Houston tomorow for getting my fresh passport, hope I get it in couple of hours so that I can go to French embassy and get my transit visa too. :(
Iam going to Houston tomorow for getting my fresh passport, hope I get it in couple of hours so that I can go to French embassy and get my transit visa too. :(
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jkays94
03-22 09:51 PM
Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.
You're welcome, great! keep us updated, I believe most of the Senators are unaware of the impact and plight of high skilled employment based GC applicants. The eventual fate in the house of the immigration provisions in S1932 has indeed created the false impression in the senate that these issues were addressed in the bill. Keep up the good work, its important that we get the message urgently to the different senate offices given that Senator Frist indeeds to have one of the Comprehensive Immigration bills debated on the senate floor starting this coming Monday (March 27th)
You're welcome, great! keep us updated, I believe most of the Senators are unaware of the impact and plight of high skilled employment based GC applicants. The eventual fate in the house of the immigration provisions in S1932 has indeed created the false impression in the senate that these issues were addressed in the bill. Keep up the good work, its important that we get the message urgently to the different senate offices given that Senator Frist indeeds to have one of the Comprehensive Immigration bills debated on the senate floor starting this coming Monday (March 27th)
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cucubau
10-17 02:11 AM
Does a current PD mean you're getting your GC in a few weeks or does it mean "we've started working on it, we'll let you know":)
Thanks!
Thanks!
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yabadaba
06-20 09:23 AM
take a photo of yourself with a digital camera....go to epassportphoto.com upload the photo and crop it...save the output jpeg and upload to walgreens. Print from there
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mayhemt
10-10 08:53 AM
tarikh pe tarikh.... tarikh pe tarikh.... kaab taak?????
Thanks, got a good chuckle out of this. Maybe we should bring Sunny in to plead our case.
Thanks, got a good chuckle out of this. Maybe we should bring Sunny in to plead our case.
Winner
06-09 12:40 PM
Welcome Ron Hira.
I know, you are strict opponent of Employment base immigration. I know, your basic concern for the abuse of H1B system by some people but don't you think huge backlog for Employment based green card is a genuine problem to address separately. Why are you covering H1B abuse issue with Employment based green card? A person born in Indian get more than 10 years to get GC and same caliber person born few miles away in Pakistan or Bangladesh get GC in 1 year!!! Both person have same look, same culture, speak same language. Is it cultural diversity??
Lets have some negotiation fix genuine loophole in H1B system to prevent abuse and address genuine problem of Employment based GC backlog. If we keep fighting, neither one is going to be fix. Please have your thought.
This not the real Ron-the-Loser, it's Ron-the-impersonator. But you do have a good point.
I know, you are strict opponent of Employment base immigration. I know, your basic concern for the abuse of H1B system by some people but don't you think huge backlog for Employment based green card is a genuine problem to address separately. Why are you covering H1B abuse issue with Employment based green card? A person born in Indian get more than 10 years to get GC and same caliber person born few miles away in Pakistan or Bangladesh get GC in 1 year!!! Both person have same look, same culture, speak same language. Is it cultural diversity??
Lets have some negotiation fix genuine loophole in H1B system to prevent abuse and address genuine problem of Employment based GC backlog. If we keep fighting, neither one is going to be fix. Please have your thought.
This not the real Ron-the-Loser, it's Ron-the-impersonator. But you do have a good point.
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