meridiani.planum
11-12 02:22 PM
My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?
not a problem as long as you are also working full time on a job that meets the requirements spelled out in your Labor Certification. Technically having only a job offer is enough, but if USCIS sees you running a convenience store, while holding a "job offer" for fulltime employment, it will most certaintly result in an interview and you will have to convince hte IO you intend to take up the job.
If you are already working full time, then USCIS does not care what else you do in parallel (own a convenience store, run your own company)
not a problem as long as you are also working full time on a job that meets the requirements spelled out in your Labor Certification. Technically having only a job offer is enough, but if USCIS sees you running a convenience store, while holding a "job offer" for fulltime employment, it will most certaintly result in an interview and you will have to convince hte IO you intend to take up the job.
If you are already working full time, then USCIS does not care what else you do in parallel (own a convenience store, run your own company)
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immiguy
07-18 01:25 PM
Hi,
Hello all,
Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.
My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.
At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?
Gurus, please help
Hello all,
Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.
My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.
At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?
Gurus, please help
IN2US
03-05 06:37 PM
did anybody successfully accomplished revoking existing G-28 by company's attorney and self represented the pending I-485?? if so can you please post the details on letter format, whom to address the letter etc...
this information would be helpful for many, because most of us here already filed I-485 during June/July and are eligible for using AC21.
this information would be helpful for many, because most of us here already filed I-485 during June/July and are eligible for using AC21.
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Pegasus503
11-28 08:55 AM
Focus on the core issues (if you care), not on extraneous stuff. For petes sake, it is already approved, seems like most of us are only focussed on our own backs or riding on others.
cygent I disagree with you.
this journey for me started 5 years ago, at this stage I'll take whatever piece of information, trend or experience I can get to better understand the process.
lets be honest, USCIS have been less than helpful in providing updates and many lawyers are as lost as we are
so I'll take whatever extraneous stuff I can get, not just to understand my case, but to see the trends with other people too
cygent I disagree with you.
this journey for me started 5 years ago, at this stage I'll take whatever piece of information, trend or experience I can get to better understand the process.
lets be honest, USCIS have been less than helpful in providing updates and many lawyers are as lost as we are
so I'll take whatever extraneous stuff I can get, not just to understand my case, but to see the trends with other people too
more...
Alien
07-09 10:07 AM
Maybe people should also post messages in Mandarin,Tamil,Telugu,Swahili taken from famous songs. That way the forums will be truly diverse.
sandy_anand
10-04 11:45 AM
Is there an equivalent for EB2 in the same website pls ?
Regards
Not sure but if you see the name of the website, I doubt they would have anything for EB-2. Also I heard that they came got this data from USCIS and DOS as a part of their lawsuit against DOS or USCIS for wastage of EB-3 numbers for the Chinese quota. Again, the news if unconfirmed, but was posted on Ron Gotcher's site along with these links.
Regards
Not sure but if you see the name of the website, I doubt they would have anything for EB-2. Also I heard that they came got this data from USCIS and DOS as a part of their lawsuit against DOS or USCIS for wastage of EB-3 numbers for the Chinese quota. Again, the news if unconfirmed, but was posted on Ron Gotcher's site along with these links.
more...
geevikram
05-10 08:00 AM
One sensible post after a long time. I guess people(including me) are desperate that any piece of news gets them excited..
2010 of God, rest in peace.
sgorla
04-13 05:45 PM
You are right.
Correct me if I am wrong...but I believe a bill has to pass in both Senate and Congress and signed by President to be enacted into law. Currently the H1/EB bills are only presented in Senate. Any comments?
Correct me if I am wrong...but I believe a bill has to pass in both Senate and Congress and signed by President to be enacted into law. Currently the H1/EB bills are only presented in Senate. Any comments?
more...
fall2004us
10-26 12:30 PM
I am in the same boat...
I saw LUDs yesterday and day before yesterday on my AP application..
Hope they approve it soon.
I saw LUDs yesterday and day before yesterday on my AP application..
Hope they approve it soon.
hair Rest in peace - Max 1996 -
ImmInd
02-19 05:07 PM
FYI: Reg. EAD, AP and H1 usages and Extension possibilities:
I entered as a Parolee last year using AP. I have EAD since 2005 - but, never used it due to continuous H1 apprival with Sponsoring employer.
My H1 expires in few months and my empoyer applied for extension; I just heard that it is approved this week (I did not get any papers yet). My employer uses H1 only (no EAD details provided since 2005). I am working on H1 (not on EAD) even thought I used AP in my last entry.
My wife entered using AP and we got her H4 approval as well for another 3 years (I may not need!). This is my fourth H1 (i.e. almost 9 yrs in H1 already).
It is my 4th EAD for my safety (backup) reasons and never used with this employer yet (and nor with another job yet). My attorney asked me not to try for H1 stamping now-a-days and just travel using AP and work on H1 as long as I am with this employer!
I entered as a Parolee last year using AP. I have EAD since 2005 - but, never used it due to continuous H1 apprival with Sponsoring employer.
My H1 expires in few months and my empoyer applied for extension; I just heard that it is approved this week (I did not get any papers yet). My employer uses H1 only (no EAD details provided since 2005). I am working on H1 (not on EAD) even thought I used AP in my last entry.
My wife entered using AP and we got her H4 approval as well for another 3 years (I may not need!). This is my fourth H1 (i.e. almost 9 yrs in H1 already).
It is my 4th EAD for my safety (backup) reasons and never used with this employer yet (and nor with another job yet). My attorney asked me not to try for H1 stamping now-a-days and just travel using AP and work on H1 as long as I am with this employer!
more...
wandmaker
11-06 11:39 AM
Hi All,
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pending, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pending, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
hot I love the peace and imagery
drirshad
08-07 07:28 AM
Guys does RD change every time we get a I-485 notice. The first receipt I got shows correct RD as July 02, 2007 then the second notice that was send Oct 07 to say my case has been transferred to Lincoln has an RD of Sep 08, 2007 does this RD change every time the receipt notice is sent. Does it matter if it changes.
more...
house Rest In Peace Carrie Callaway-
53885
08-10 01:44 AM
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.
Regarding contribution which of the following options apply to you?
* How do you contribute to IV?
A. Money
B. Time (Volunteer and/or participate in IV action items)
C. Both A & B
D. I am NOT one of those who MAKE THINGS HAPPEN. I would like others to fight for my cause. I am waiting for things to happen.
E. Well, I visit IV just for forums so that my questions are answered. Period.
F. I am waiting for Oct 07 visa bulletin. If dates retrogress past my PD then I will ask IV core to do something for me.
If you can't contribute financially there are other ways to contribute. This is not a commercial forum/website. Apart from lobbying efforts, members' contribution cover the cost of hosting this website.
Regarding contribution which of the following options apply to you?
* How do you contribute to IV?
A. Money
B. Time (Volunteer and/or participate in IV action items)
C. Both A & B
D. I am NOT one of those who MAKE THINGS HAPPEN. I would like others to fight for my cause. I am waiting for things to happen.
E. Well, I visit IV just for forums so that my questions are answered. Period.
F. I am waiting for Oct 07 visa bulletin. If dates retrogress past my PD then I will ask IV core to do something for me.
If you can't contribute financially there are other ways to contribute. This is not a commercial forum/website. Apart from lobbying efforts, members' contribution cover the cost of hosting this website.
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macrosky
06-13 11:29 PM
I am working in Company A and currently on OPT. My 2008 H1visa has been approved. It will be effective on Oct.1st. Now I got a much better job offer from company B, and need to join the new company in July. How can I transfer my H1 visa? Thanks a lot in advance. By the way, I can work on OPT for any employer before Oct 1st.
more...
pictures i love you est friend poems.
thokar
08-18 04:12 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,
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,
dresses Rest in peace, my love,
vdlrao
05-11 03:24 PM
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
more...
makeup R.I.P. Princess Here is a poem
cleopatra
02-07 10:03 AM
My company applied for PERM as a project manager for me. It got classified as Computer information systems manager and got a very high PW.
My company knows the job I am doing is not CIS manager's job. So they appealed it, but the appeal was denied and DOL insists that it is CISM and the pay should be this high.
I have not come across a single PM making this pay (though I wouldn't object to it if I can get it :) ). This is totally absurd.
How do we prove that PM != CIS Manager and get Project manager certified under EB2 with proper wages?
Any help is greatly appreciated.
My company knows the job I am doing is not CIS manager's job. So they appealed it, but the appeal was denied and DOL insists that it is CISM and the pay should be this high.
I have not come across a single PM making this pay (though I wouldn't object to it if I can get it :) ). This is totally absurd.
How do we prove that PM != CIS Manager and get Project manager certified under EB2 with proper wages?
Any help is greatly appreciated.
girlfriend May Charles rest in peace and
desi3933
02-10 04:00 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Since you are a permanent resident (green card holder) now, H1-B petition must be denied. But, it should not matter.
_______________________
Not a legal advice.
US Citizen of Indian Origin
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Since you are a permanent resident (green card holder) now, H1-B petition must be denied. But, it should not matter.
_______________________
Not a legal advice.
US Citizen of Indian Origin
hairstyles May he rest in peace and rise
tabletpc
10-22 10:36 AM
You don't need to worry about anyting...!!!! if RFE comes, explain what you did . Its is understnadable to get confused with rules been applied everday...!!!:):)
Go chillout....
There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.
Canada visit should not create issue as per my opinion.
Go chillout....
There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.
Canada visit should not create issue as per my opinion.
rajuram
10-25 09:36 PM
Gurus,
I have EAD and FP done. Got receipts but no sign of getting AP.
Is this common? Many friends who filed during the same time as me got
it. I filed w/TSC.
thanks for all the help
iad
What is your Appl Recd Date?
I have EAD and FP done. Got receipts but no sign of getting AP.
Is this common? Many friends who filed during the same time as me got
it. I filed w/TSC.
thanks for all the help
iad
What is your Appl Recd Date?
Carlau
11-17 10:04 AM
I don't think that anyone minds that you discuss this, but for that you should pick this area http://immigrationvoice.org/forum/forumdisplay.php?f=16 that has a little bit of everything and comments about current events.
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