Indiana, wake up and smell coffee. Your neighbors in MI wish you good luck.
Gurus,
Which is more reliable / popular, scottrade.com OR scottradeR.com ?
Which is more reliable / popular, scottrade.com OR scottradeR.com ?
Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.
If you have to know, my company lawyer when my then H1B was currrent but expiring in a few days and extension of H1B was pending. My proposed travel was for a week-long conference in Canada.
You might have had a different experience and these forums are for sharing our experiences to help each other :)
If you have to know, my company lawyer when my then H1B was currrent but expiring in a few days and extension of H1B was pending. My proposed travel was for a week-long conference in Canada.
You might have had a different experience and these forums are for sharing our experiences to help each other :)
My lawyer got the RFE notice yesterday....
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
Though, it appears as regular employment verification letter, there may be catch in it due to what you explained above. Though you were an "engineer" in H1B, your employer applied as a "technician" in green card application (LC/140) to overcome pre-wailing wage issue. This is not good one if they found out, as the technicians can not be in H1B visa. You can not argue I will be technician after getting GC. Also, you can not use AC21 as "engineers" and "technicians" are not similar occupations.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
Though, it appears as regular employment verification letter, there may be catch in it due to what you explained above. Though you were an "engineer" in H1B, your employer applied as a "technician" in green card application (LC/140) to overcome pre-wailing wage issue. This is not good one if they found out, as the technicians can not be in H1B visa. You can not argue I will be technician after getting GC. Also, you can not use AC21 as "engineers" and "technicians" are not similar occupations.
Love the analogy.
Thanks Coopheal for leaving the IV wiki effort.
Pappu,
Just wanted to clarify, is it 'Leaving' or 'Leading'?
Thanks Coopheal for leaving the IV wiki effort.
Pappu,
Just wanted to clarify, is it 'Leaving' or 'Leading'?
Hello IV friends,
My PD is May 2008 and currently i have an approved i-140. I have been wanting to change my job but always been scared of the impact on my GC processing as i heard if i change my job prior to filing for I-485 (which i cannot as the PD is not current), i would have start the process all over again. What are my options here? Thanks in advance.
My PD is May 2008 and currently i have an approved i-140. I have been wanting to change my job but always been scared of the impact on my GC processing as i heard if i change my job prior to filing for I-485 (which i cannot as the PD is not current), i would have start the process all over again. What are my options here? Thanks in advance.
To all of you who get the adrenalin rush on seeing a LUD...
When you dust a bookcase, you may take the books out, dust them one by one and then put them back in to the bookcase. That does not mean that you READ all or any of the books.
Do you get my drift...
Stop getting excited and opening new threads on LUDS. These mean diddly squat.
None of this means anything, so long as YOU YOURSELF are not holding the ACTUAL GREEN CARD, with YOUR NAME and YOUR PICTURE on it, in YOUR OWN hands.
When you dust a bookcase, you may take the books out, dust them one by one and then put them back in to the bookcase. That does not mean that you READ all or any of the books.
Do you get my drift...
Stop getting excited and opening new threads on LUDS. These mean diddly squat.
None of this means anything, so long as YOU YOURSELF are not holding the ACTUAL GREEN CARD, with YOUR NAME and YOUR PICTURE on it, in YOUR OWN hands.
Yes, there is a certain amount of risk depending on the company you work for. If you work for a Fortune 10 which has a 100% track record wit 140s, your risk is mitigated.
I agree that one should probably do it for compelling reasons.
I think relevent part here is Q 1.
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
--------------------------
If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!
I agree that one should probably do it for compelling reasons.
I think relevent part here is Q 1.
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
--------------------------
If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!
I filed paper last year by myself (no additional $150) ... it's really easy .. only filled some basic questions .. I like paper because all my documents will be on the same envelope :D
online filing you still need to send some documents via mail.
will do the same this year (paper filing)..
Paper is at least $150 more (lawyer fee), but saves your visit to INS office for finger printing.
online filing you still need to send some documents via mail.
will do the same this year (paper filing)..
Paper is at least $150 more (lawyer fee), but saves your visit to INS office for finger printing.
Haha this is great :D
Recently joined.
Contributed $200.
Thank You.People who are just browsing the forum..please come forward..it is not only our issue but it is EVERYONE'S issue..if we don't act now..we will have no time to act in future.
Contributed $200.
Thank You.People who are just browsing the forum..please come forward..it is not only our issue but it is EVERYONE'S issue..if we don't act now..we will have no time to act in future.
thanks gcisadawg,
...I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.
Keeping immigration aside, if you think getting married will save you any headaches, you are setting yourself up for some big surprises buddy :D
Jokes apart, indeed the fastest route to a GC is by applying as spouse of a US Citizen. If that is an option for you, GO FOR IT!
Keeping immigration aside, if you think getting married will save you any headaches, you are setting yourself up for some big surprises buddy :D
Jokes apart, indeed the fastest route to a GC is by applying as spouse of a US Citizen. If that is an option for you, GO FOR IT!
I agree - the post is a little erroneous. I'll try change it.
Cant change the thread title ... Sorry
Cant change the thread title ... Sorry
So as not to burst anyone's bubble, try it and see.
By the way weren't you supposed to include the original labor certification with the I-140 application? I am sure USCIS will not process an I-140 without the original LC or a duplicate from DOL.
By the way weren't you supposed to include the original labor certification with the I-140 application? I am sure USCIS will not process an I-140 without the original LC or a duplicate from DOL.
Dear Friend,
We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.
We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.
...Because as per law you cannot have different job duties until you get your gc and max one year beyond that...
Your statement is true in the sense that H1B candidate must work on the same duties described in LC but you are wrong in saying that one has to wait one year after getting GC to have different job duties.
Your statement is true in the sense that H1B candidate must work on the same duties described in LC but you are wrong in saying that one has to wait one year after getting GC to have different job duties.
I would like to suggest that anyone in Indiana who can make it meet at the Starbucks coffee location in Westfield this Saturday.
This is at US31 and 146th Street north of Indianapolis.
I propose 11am.
Even if there are only half a dozen of us surely we can achieve more than as individuals.
Ok, count on me and will be there at 11:00 am.
This is at US31 and 146th Street north of Indianapolis.
I propose 11am.
Even if there are only half a dozen of us surely we can achieve more than as individuals.
Ok, count on me and will be there at 11:00 am.
first of all let me thank you very much for your quick inputs
I have a H1B stamp which , as I said, expires march 01/2007 .
The lawyer will fill for extension first week of september .
Maybe, the application will be pending for 1, 2 months ( is not Premium Processing ) .
During this period, can I travel outside USA ? I read some comments stating that petition will be withdrawn if I do so . Maybe is just a confusion .
It will be great to clarify this issue for me . I know you guys are professionals in immigration issues
thank you
I have a H1B stamp which , as I said, expires march 01/2007 .
The lawyer will fill for extension first week of september .
Maybe, the application will be pending for 1, 2 months ( is not Premium Processing ) .
During this period, can I travel outside USA ? I read some comments stating that petition will be withdrawn if I do so . Maybe is just a confusion .
It will be great to clarify this issue for me . I know you guys are professionals in immigration issues
thank you
Have anyone tried xoom.com or remit2india ?
Guys�
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California)
b) If I will be getting less salary than what�s mentioned on my PERM
Thanks much,
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California)
b) If I will be getting less salary than what�s mentioned on my PERM
Thanks much,
