gauravsh
05-04 10:07 AM
Hi,
My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.
I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?
Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?
Any inputs will be extrremely welcomed.
My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.
I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?
Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?
Any inputs will be extrremely welcomed.
wallpaper fat man dancing to my humps.
jumanji4u
01-27 02:02 PM
Congrats!!!. Let your shining success prevail on us. :D
msr999
03-03 08:41 PM
EB2 gets unused EB1 quota. So potentially more GC numbers under EB2. Now I am not sure if EB1 is fully utilized or not so it might not really matter.
I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
2011 fat man dancing to my humps.
kprgroup
12-28 10:03 AM
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
more...
bekugc
04-02 11:22 AM
hi dhundhun,
this is not normal scenario; even many h1 dependent employers are providing timely paystubs like clockwork.
in visa stampings they do value bank statements with payroll deposit; so in worst case scenario they cud be used to explain ur case.
Also if ur company is mailing stubs to u via postal service, u can record the postal date on the covers and show that regularly ur receiving paystubs in a delayed fashion. The Lawyers are allowed to explain clearly in text during a RFE, they cud attach the bank statements and use this postal mark/actual pay date delays to explain ur situation.
this is not normal scenario; even many h1 dependent employers are providing timely paystubs like clockwork.
in visa stampings they do value bank statements with payroll deposit; so in worst case scenario they cud be used to explain ur case.
Also if ur company is mailing stubs to u via postal service, u can record the postal date on the covers and show that regularly ur receiving paystubs in a delayed fashion. The Lawyers are allowed to explain clearly in text during a RFE, they cud attach the bank statements and use this postal mark/actual pay date delays to explain ur situation.
reddymjm
10-20 10:30 AM
I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
My First donation was in Jan 2006. The latest one was, 100$ for the Washington meet this year. And I had a lot more in between. This will be just on top of it. How is my GC is related to IV. I dont think I am holding anybody responsible for it.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
My First donation was in Jan 2006. The latest one was, 100$ for the Washington meet this year. And I had a lot more in between. This will be just on top of it. How is my GC is related to IV. I dont think I am holding anybody responsible for it.
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gc_chahiye
07-09 04:32 PM
yea.. i did not read ur first post correctly..sorry
well that note was a bit hidden. I have highlighted it almost Macaca-style now!
well that note was a bit hidden. I have highlighted it almost Macaca-style now!
2010 fat man dancing to my humps.
waiting_4_gc
07-18 06:25 PM
On 05/2005 applied I-485, got rejected and again applied now and forgot to mention in "Have you ever applied before..." caluse.
Got reply from lawyer saying that it is not big deal but we can send a letter to CIS.
Is it going to be the reason for rejecting again?
Please share your opinion
Do you know the reason for rejection?
Got reply from lawyer saying that it is not big deal but we can send a letter to CIS.
Is it going to be the reason for rejecting again?
Please share your opinion
Do you know the reason for rejection?
more...
chem2
06-15 09:07 AM
if you completed an I-9 with your employer after you recd your green card, you may be able to ask them if they are willing to let you make a copy from their files.
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james_bond_007
04-03 01:57 AM
thank you roseball.. I already booked an infopass appointment for Monday. If the additional review is done by DHS, will contacting the Ombudsman's office help in anyway ? anybody have experience in resolving the "additional review" , please update.
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ashwin_27
02-25 12:48 PM
Absolutely agree. That is definitely the way the other side will argue against the "dependents exemption" provision. But doesnt mean we shouldn't ask for it :). its another way to reduce the backlog. And while the practical aspect of what you describe is completely true...what we can argue is - is it fair to bring in thousands of workers and their familes for "work" using one criteria (we do not need families to work for industries) and then ask them to pack up because of backlogs created by another criteria? (too many of you came to work now you suffer because we use a different logic to make you permanently settle here)
it is a part of IV provisions and proposals. we ask for 10 things and push hard and might get 1 or 2 through.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
it is a part of IV provisions and proposals. we ask for 10 things and push hard and might get 1 or 2 through.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
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iv4gc
07-28 10:04 PM
Thanks for the info. Looks like I need to get Company B to recapture the PD of my earlier I140. This seems to be the best option. But I wonder if I go down this route, will it complicate and delay (significantly if I miss the window) the GC.
If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.
Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.
If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.
If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.
If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.
Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.
If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.
If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.
more...
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sareesh
02-15 11:07 AM
To answer your question yes, you have to mention MS + 0 or BS + 5.
Thanks,
SG.
Thanks,
SG.
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gunabcd
06-21 03:24 PM
If black and whites are acceptable then i think you can make copies of an existing one, just make sure you copy it at your employers copier that too in the working hours, that's the Cheapest way of doing it.:D
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prabirmehta
03-22 02:56 PM
Actually the provisions in S 1932 (Sections 8001 and 8002) were dropped when the bill went to the House. The members who handled the fate of the immigration provisions in the house were Reps Conyers, Sessenbrenner and Lamars. It was argued that the Budget Reconciliation Bill (S 1932) should not include any immigration provisions as they should instead be included in future Comprehensive immigration reform. These sections which had already been passed by the Senate were dropped quietly by the 3 member panel in the final conference report. Given the rush to pass this bill among others, members of the Senate may not be aware that these provisions were dropped when they got to the house. While new legislation offers to increase the EB quotas, the provision to allow one to apply for I-485 (GC) and I-140 concurrently upon receiving Labor certification clearance even in the absence of a current visa number ( current priority date) is missing from the proposals, a key measure that would greatly alleviate the suffering of those who suffer from visa retrogression.
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.
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.
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pappu
12-05 08:24 AM
That's true for my case. My labor certification was denied once due to the naive aknowledge of my para-legal attorney. It caused my LC was delay 1 year then I was stuck by Retrogression. Again at filing I-485, if I have not carefully studied the immi laws and reviewed my case, my attorney might mess it up. Many times I found my non-professional, clumsy knowledge on Immi laws is even better than my para-legal attorney
http://immigrationvoice.org/forum/showthread.php?t=2453
http://immigrationvoice.org/forum/showthread.php?t=2453
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midguy
01-12 06:41 PM
Hi All,
My EAD expired in last October and I am still working on H1 ...when I renew EAD which option I have to choose while applying for EAD...is it Renewal or a Fresh one?
My EAD expired in last October and I am still working on H1 ...when I renew EAD which option I have to choose while applying for EAD...is it Renewal or a Fresh one?
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Redeye
01-08 04:14 PM
However I got two sets of EAD and first set AP with second AP approved (latest from this morning). I am also travelling to India, technically I am in the US for both AP approvals. Done both finger printings. Not sure if this will cause a problem down the line.
My attorney said we should wait until we hear back from CIS asking to withdraw one of the application.
My attorney said we should wait until we hear back from CIS asking to withdraw one of the application.
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gemini23
08-02 02:10 PM
Usually consulting companies put generic designations like software engineer or a programmer analayst in their LC. I think that is what you should look for the classification. This is a gray area.
cinqsit
02-02 08:56 PM
My I-140 and I-485 also has different A numbers. I had 2 more approved I-140s which has different A numbers as well. How and when will get consolidated to a single file?
Gurus who have more insight into this process, please enlighten us.
Thanks -
I think its ok to have different A#'s except when you are trying to get your I-485 adjudicated and you want to use the earliest PD from your multiple I-140's.
I think its easier for USCIS to consolidate your I-140's and 485's into a single A-file
if they all have the same A number
There is no easy way to consolidate all your I-140s and link them to your I-485 - get infopass, contact IO, get congressperson or senator involved, write to the ombudsman etc people have tried various means and no one knows what clicked for them - but
something does work!
Most of the times they will accept your request only if you are current (according to your earliest PD - if you have multiple I-140s)
cinqsit
Gurus who have more insight into this process, please enlighten us.
Thanks -
I think its ok to have different A#'s except when you are trying to get your I-485 adjudicated and you want to use the earliest PD from your multiple I-140's.
I think its easier for USCIS to consolidate your I-140's and 485's into a single A-file
if they all have the same A number
There is no easy way to consolidate all your I-140s and link them to your I-485 - get infopass, contact IO, get congressperson or senator involved, write to the ombudsman etc people have tried various means and no one knows what clicked for them - but
something does work!
Most of the times they will accept your request only if you are current (according to your earliest PD - if you have multiple I-140s)
cinqsit
sdrblr
08-21 02:33 PM
The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
It would help to answer if you can correct the dates.
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
It would help to answer if you can correct the dates.
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
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