You can file as many I-140's in any category (EB2/EB3/NIW) as long as you have a certified labor for a bona fide position with a matching education and company has ability to pay for those positions. These I-140's can come from one company or different ones it doesn't matter.
In your current situation:
1. Don't even think about doing anything with pending I-140 and AOS. There is a definite delay in I-140 approvals at both NSC/TSC so waiting is the best thing to do. As long as your qualification matches the LC description you will get your I-140 approved. If your I-140 is pending 30 days past the processing time and you haven't received an RFE, it might have been stuck in security check. Your lawyer needs to open a service request to find out what is going on.
2. For the labor that is expiring in Jan, go ahead and file an I-140 petition right now, there is nothing to worry about two I-140. If nothing else this petition can be used for 3 year H1B extension in case the first one gets stuck.
3. The second I-140 that you are filing can't be used for your pending AOS if your priority date is not current. Check the Pearson Interfiling memo ( from link below). If your priority dates are current and will remain current (EB2 ROW) file for an new AOS application when your second I-140 gets approved. If by this time your first I-140 is approved you can simply toss the second I-140 in the office shredder.
http://www.ilw.com/seminars/august2002_citation2c.pdf
Thanks CanadianDream. Your words are encouraging. I will check with the lawyer. The reason we want to file another I-140 is just to safeguard the H-1B status. I am in my 5th year.
BTW, I have another question. Do they do security check for I-140 also? I never know this. I thought FBI check is only for I-485. My I-140 has been pending for 1.5 years so far. NO RFEs. Nothing. Every time my lawyer calls USCIS, they say it requires additional review and since no REFs are give, adjudication should be forthcoming.
Are there anything we can do to get the status on the security check? How long usually does it take?
In your current situation:
1. Don't even think about doing anything with pending I-140 and AOS. There is a definite delay in I-140 approvals at both NSC/TSC so waiting is the best thing to do. As long as your qualification matches the LC description you will get your I-140 approved. If your I-140 is pending 30 days past the processing time and you haven't received an RFE, it might have been stuck in security check. Your lawyer needs to open a service request to find out what is going on.
2. For the labor that is expiring in Jan, go ahead and file an I-140 petition right now, there is nothing to worry about two I-140. If nothing else this petition can be used for 3 year H1B extension in case the first one gets stuck.
3. The second I-140 that you are filing can't be used for your pending AOS if your priority date is not current. Check the Pearson Interfiling memo ( from link below). If your priority dates are current and will remain current (EB2 ROW) file for an new AOS application when your second I-140 gets approved. If by this time your first I-140 is approved you can simply toss the second I-140 in the office shredder.
http://www.ilw.com/seminars/august2002_citation2c.pdf
Thanks CanadianDream. Your words are encouraging. I will check with the lawyer. The reason we want to file another I-140 is just to safeguard the H-1B status. I am in my 5th year.
BTW, I have another question. Do they do security check for I-140 also? I never know this. I thought FBI check is only for I-485. My I-140 has been pending for 1.5 years so far. NO RFEs. Nothing. Every time my lawyer calls USCIS, they say it requires additional review and since no REFs are give, adjudication should be forthcoming.
Are there anything we can do to get the status on the security check? How long usually does it take?
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Get the affidavit from your parents get it notarized. This copy would work. have them mailed to you via fast courier.
Alternatively, your local municipal/ magistrate/judge can issue the certificate.
Currently they are of course in status. The problem here is with the RFE for which the poster does not have the required primary evidence. If the RFE is not answered (or even not answered to the satisfaction of the immigration officer), then the I-485's for the dependents would be denied, and then they would be out of status since the primary applicant is no longer in H1-B.
Alternatively, your local municipal/ magistrate/judge can issue the certificate.
Currently they are of course in status. The problem here is with the RFE for which the poster does not have the required primary evidence. If the RFE is not answered (or even not answered to the satisfaction of the immigration officer), then the I-485's for the dependents would be denied, and then they would be out of status since the primary applicant is no longer in H1-B.
I have receiived the exact same RFE and the interesting thing is that my company is neither a staffing or a consulting company. Its a services and product based company.
The RFE states that if the petitioner is engaged in consulting or staffing, then send the supporting documents. But my company is not, so what are we suppoesed to send? Will write back on monday what the lawyer says.
The RFE states that if the petitioner is engaged in consulting or staffing, then send the supporting documents. But my company is not, so what are we suppoesed to send? Will write back on monday what the lawyer says.
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Thank you for the info. You might be correct. But there is no way for us to know that our application got transfered or not. I am just assuming this is the case for me so that I can feel better and not to worry for a while. I filed on July 19th to NSC. 140 approved from NSC.
Voted for "Code" it looks really cool.
Murthy's lawyer suggested Consular processing as an option.
She explained that in Consular processing I still need continued Sponsorship from my firm, but it will revoke my 485 application. I will end up filling bunch of forms with USCI, including 824.
This was my PD will remain intact and when it becomes current, I will have to go to Indian Consulate and get Immigrant Visa from there.
IN this whole process My firm needs to continue sponsor my GC processing. Advantage is : I don't have to come and renew my EAD and AP every year.
She explained that in Consular processing I still need continued Sponsorship from my firm, but it will revoke my 485 application. I will end up filling bunch of forms with USCI, including 824.
This was my PD will remain intact and when it becomes current, I will have to go to Indian Consulate and get Immigrant Visa from there.
IN this whole process My firm needs to continue sponsor my GC processing. Advantage is : I don't have to come and renew my EAD and AP every year.
This is something that's doable without legislation. It would be done for employment based visas.
I've been reading the posts all day since yesterday. The most plausible "PERMANENT SOLUTION" has to be this. Please read the msg from IV
1. No change in July bulletin
2. No change in August bulletin
3. Well in that case it has to be this. It would be least controversial.
This however would be a good solution for the over-subscribed countries, and bad news for the other countries...
I've been reading the posts all day since yesterday. The most plausible "PERMANENT SOLUTION" has to be this. Please read the msg from IV
1. No change in July bulletin
2. No change in August bulletin
3. Well in that case it has to be this. It would be least controversial.
This however would be a good solution for the over-subscribed countries, and bad news for the other countries...
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As a victim of identity theft, I can tell you first hand that there is serious potential that this could be an issue. There is no guarantee that the person who received your document will return it first off. What if he simply throws in the trash? USPS makes mistakes all the time. What if your package is placed by USPS in someone else's mailbox? Or what if CIS puts the wrong address on the package?
Anyway, bottomline it has potential but I do not know that we can do anything at this point other than worry and hope.
Anyway, bottomline it has potential but I do not know that we can do anything at this point other than worry and hope.
Hopefully no one replies to your post as yours is substitution case.
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*sigh*
It all depends on what the employer is looking for.
Like I said, if you need tips on finding your first, second, third job let me know. I'll be more than happy to help.
Lou - Go do something useful and comment on the work I posted in Showcase.
It all depends on what the employer is looking for.
Like I said, if you need tips on finding your first, second, third job let me know. I'll be more than happy to help.
Lou - Go do something useful and comment on the work I posted in Showcase.
Hi Guys,
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
If you are working on H1, #2 is not an option. You will be violating immigration laws by accepting payment from unauthorized sources by doing so.
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
If you are working on H1, #2 is not an option. You will be violating immigration laws by accepting payment from unauthorized sources by doing so.
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Yes, it is publicly available here...
http://judiciary.senate.gov/hearing.cfm?id=1801
The testimony is at the right.
One quick question: is this report publicly available, i.e. can we send it as is to the media, or are there any copyright etc issues?
http://judiciary.senate.gov/hearing.cfm?id=1801
The testimony is at the right.
One quick question: is this report publicly available, i.e. can we send it as is to the media, or are there any copyright etc issues?
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Mr S Hammer
1. I am a full time employee too with a fortune 500 company working for the past 6 years with the same company since I got laid off first after working for another American company for 3 years. So there goes your argument for working with a desi company.
cheers
kris
Oh, so when you made the statement below you were not assuming everyone fakes their projects because YOU faked yours? All of a sudden you became this guy that has never faked his resume! From your statement anyone would assume that you are not the guy you are claiming to be - genuine!
Pllleeeease dont act sacrosant.. dont tell me you never faked your resume about your project to get a break.
1. I am a full time employee too with a fortune 500 company working for the past 6 years with the same company since I got laid off first after working for another American company for 3 years. So there goes your argument for working with a desi company.
cheers
kris
Oh, so when you made the statement below you were not assuming everyone fakes their projects because YOU faked yours? All of a sudden you became this guy that has never faked his resume! From your statement anyone would assume that you are not the guy you are claiming to be - genuine!
Pllleeeease dont act sacrosant.. dont tell me you never faked your resume about your project to get a break.
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Question is not fees .. .there are no Visa numbers available.. what good will faster processing do?
If USCIS changes the rule to allow people to get EAD that would help.
If USCIS changes the rule to allow people to get EAD that would help.
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Its law the day when it is signed by the president unless there is clause in the bill to postpone the impelmentation.
I guess it becomes law on or before 2/15, as Pres must sign these bills in to law on or before 2/15. Not sure when we can file for 485. :(
I guess it becomes law on or before 2/15, as Pres must sign these bills in to law on or before 2/15. Not sure when we can file for 485. :(
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Based on your request we researched the status of this case. We are actively processing this case.However, we have to perform additional review on this case and this caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below .....
Looks like they have few set of replies and randomly selecting and sending those replied.
Ask them the detail of so called additional review through your congressman and you cant miss this window and the crap they are doing. Contact your local rep asap.
Looks like they have few set of replies and randomly selecting and sending those replied.
Ask them the detail of so called additional review through your congressman and you cant miss this window and the crap they are doing. Contact your local rep asap.
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I guess it depends on how powerful and influential the congressmen are and whether they are on the immigration or finance committee :)
Caliguy,
why does congressman/senatorial inquiry works for some and not for some. What can we do differently. I sent out a "Thanks...but no thanks" email back to Congressman's office.
SoP
Caliguy,
why does congressman/senatorial inquiry works for some and not for some. What can we do differently. I sent out a "Thanks...but no thanks" email back to Congressman's office.
SoP
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Stop polluting this thread..! Please stand on your respective street corners and voice your opinion...!!!
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Thank you very much for valuable answer. I appreciate LazyCIS, pmb76 and sam. Then I will wait till 180 days to go.
Just to clarify, Do I need to look / take jobs only permanent after 180 days?
Thank you,
Mani
Just to clarify, Do I need to look / take jobs only permanent after 180 days?
Thank you,
Mani
Hi guys
on weekend i got email abt my I140 has RFE.Message saying they mailed on Nov14.i am expecting letter to attorny or emplyer in 2 weeks.
My pd is 2002 Dec. and my Company got merged last year to new company, i have 3year degree and 1plus year diploma which is equal to B.S computer science, when my employer did Education Evalution.
I am expecting 2 Queries
1) when company merge they may ask Company tax returns for current year.
2) or they want again Education Evalution
Hey "gcphul", Any update buddy on you RFE ?? Also was your 140 filed by your older company (before merger) or by the new one?
Any info will be helpfull..
on weekend i got email abt my I140 has RFE.Message saying they mailed on Nov14.i am expecting letter to attorny or emplyer in 2 weeks.
My pd is 2002 Dec. and my Company got merged last year to new company, i have 3year degree and 1plus year diploma which is equal to B.S computer science, when my employer did Education Evalution.
I am expecting 2 Queries
1) when company merge they may ask Company tax returns for current year.
2) or they want again Education Evalution
Hey "gcphul", Any update buddy on you RFE ?? Also was your 140 filed by your older company (before merger) or by the new one?
Any info will be helpfull..
I mean... this is nonsense. You are employing 50K+ people and you behave so irresponsibly. This guy should be hanged.
But in India nothing happens, things go in court forever and government helps them once they get the money they want. I am sure this guy has diverted all that money internally to his son's companies or swiss bank.
How can a IT company with so many projects and clients can not have cash in hand to pay the employees. So unbelievable.
PWC is again showing their lack of integrity. It looks like for Fraud it does not depend whether it is Indian, MNC, big, small, government, private, reputation...It's just greed. Remember Enron, walstreet guy who scammed billions, Illinois governer, chinese milk products...
still i can not believe how much more he want even after owning such a big company... Is he mad?
But in India nothing happens, things go in court forever and government helps them once they get the money they want. I am sure this guy has diverted all that money internally to his son's companies or swiss bank.
How can a IT company with so many projects and clients can not have cash in hand to pay the employees. So unbelievable.
PWC is again showing their lack of integrity. It looks like for Fraud it does not depend whether it is Indian, MNC, big, small, government, private, reputation...It's just greed. Remember Enron, walstreet guy who scammed billions, Illinois governer, chinese milk products...
still i can not believe how much more he want even after owning such a big company... Is he mad?
