Canadian_Dream
07-25 01:51 PM
Keep both applications going. Yes you would need a physical copy of labor to file the second one. You can later withdraw the first one when your second I-140 with a better priority date is approved. You can also interfile the I485 when your second I-140 is approved (based on your own labor). The only caveat is your priority date must be current when you interfile. Check Pearson Memo on Interfiling.
Do the following:
If you receive physical copy before AUG 17:
1. File I-140/I-485 with your OWN labor before AUG-17.
2. Do not apply for EAD and AP on the second one.
3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
4. You can continue using EAD/AP filed with the first applications.
If you don't receive the physical copy before AUG-17
1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.
Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?
Do I need physical copy of my approved LC to file 140?
Replies will be greatly appreciated
Do the following:
If you receive physical copy before AUG 17:
1. File I-140/I-485 with your OWN labor before AUG-17.
2. Do not apply for EAD and AP on the second one.
3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
4. You can continue using EAD/AP filed with the first applications.
If you don't receive the physical copy before AUG-17
1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.
Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?
Do I need physical copy of my approved LC to file 140?
Replies will be greatly appreciated
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bekugc
07-18 03:08 PM
These are the times when things pple do are either legal or illegal. (its hard to say if its right or wrong)
if govt allowed labor substitution and people used it; then it only goes to say they were oppurtunistic. they dint do anything wrong!
if a company had an idle labor and if Mr X was interested in using it, if its legal, let him use. 1000s entered into win-win situations and got their GCs via this.
:-) why get mad and just blame one person?
if govt allowed labor substitution and people used it; then it only goes to say they were oppurtunistic. they dint do anything wrong!
if a company had an idle labor and if Mr X was interested in using it, if its legal, let him use. 1000s entered into win-win situations and got their GCs via this.
:-) why get mad and just blame one person?
thomachan72
09-07 11:30 AM
Do you have a valid AP?
If not, how is it possible to enter the country?
It seems to be a complicated situation. What status are you in now? Dont you have an AP/EAD? Is it expired? Please provide more details here and also if you obtain any legal advice post that here also so that others know.
If not, how is it possible to enter the country?
It seems to be a complicated situation. What status are you in now? Dont you have an AP/EAD? Is it expired? Please provide more details here and also if you obtain any legal advice post that here also so that others know.
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nk2006
05-02 12:03 PM
a. If I move now, can I take my 3 yr extension filed by company A with me or
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
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SertTurk
07-19 12:11 PM
WOW I am calling him right now...What is EAD???
saimrathi
07-10 03:18 PM
So USCIS will never see the flowers becoz they are boxed.. and they will never get delivered becoz they are being routed from the airport itself. No major news media covered the few deliveries at USCIS.. What was the point of the campaign again?
For those of you who is interested in one line Q/A
"Is the flower campaign working? Yes"
"Are we good enough with what we have done? Not 100%"
What happened
We were at the loading dock by 10 30 am ( Delivery estimate was between 11 am and 1 pm) and DHL appeared to
have already delivered around 50 boxes once around 9 am. All the flowers we sent are boxed . The visuals will
be boxes and not flowers in the evening when the youtube video will be uploaded. UPS delivered nex. We got the
video of the whole delivery and so did the CNN-IBN/Voice of America folks. There were around 30 boxes or so from
UPS. Next Fedex delivered and there were around 10-15 boxes coming out. While we were doing the recording one of the
officers politely told us not to capture federal buildings and we told them that we were only capturing the delivery of
flowers. After this what ever truck was coming in, they were reversing and pushing back into the dock so that the
delivery cannot be taped. CNN-IBN reporter asked for permission to go inside the loading dock and she was promptly
denied any permission. Then We had a down pour for almost 20-30 minutes and we had to leave the place.
It appears that the S&H dept now knows that most of the flowers are being delivered by DHL/UPS/FEDEX, they are taking
care of the diversion at National airport it self.
In the future if any one wants to do a flower campaign, Please select 2 local florists
(only two florists, in that particular city) and have people call and place orders/online. That way
we can talk with 2 florists and track their delivery easily for picture/video. Every one who tried to call
FTD/proflowers had alot of trouble getting any thing out of them. Actually, we cant blame them because they
are not doing it locally,instead they are putting their orders via national carriers.
Where do we go from here
If people really want to go out and get the main stream media attention, DC is the perfect choice. How ever,Don't plan on a weekend. If we do it right, we could be live on TV and the whole country will ask whats going on, along with the law makers. That will offer a platform for solving the issue at its roots.If you really want to do this, Dont come up with reasons like I dont have time off for a day or I have a project due. I can understand if 1 or 2% of our active members say it, but when 98% of our active members say that I can understand what it is. May be its time we figure out whether we prefer anonymity and pontifical verbatim on the online forum to expressing our concern/disappointment openly. Do not get offended and start flaming me. Just my thoughts.
For those of you who is interested in one line Q/A
"Is the flower campaign working? Yes"
"Are we good enough with what we have done? Not 100%"
What happened
We were at the loading dock by 10 30 am ( Delivery estimate was between 11 am and 1 pm) and DHL appeared to
have already delivered around 50 boxes once around 9 am. All the flowers we sent are boxed . The visuals will
be boxes and not flowers in the evening when the youtube video will be uploaded. UPS delivered nex. We got the
video of the whole delivery and so did the CNN-IBN/Voice of America folks. There were around 30 boxes or so from
UPS. Next Fedex delivered and there were around 10-15 boxes coming out. While we were doing the recording one of the
officers politely told us not to capture federal buildings and we told them that we were only capturing the delivery of
flowers. After this what ever truck was coming in, they were reversing and pushing back into the dock so that the
delivery cannot be taped. CNN-IBN reporter asked for permission to go inside the loading dock and she was promptly
denied any permission. Then We had a down pour for almost 20-30 minutes and we had to leave the place.
It appears that the S&H dept now knows that most of the flowers are being delivered by DHL/UPS/FEDEX, they are taking
care of the diversion at National airport it self.
In the future if any one wants to do a flower campaign, Please select 2 local florists
(only two florists, in that particular city) and have people call and place orders/online. That way
we can talk with 2 florists and track their delivery easily for picture/video. Every one who tried to call
FTD/proflowers had alot of trouble getting any thing out of them. Actually, we cant blame them because they
are not doing it locally,instead they are putting their orders via national carriers.
Where do we go from here
If people really want to go out and get the main stream media attention, DC is the perfect choice. How ever,Don't plan on a weekend. If we do it right, we could be live on TV and the whole country will ask whats going on, along with the law makers. That will offer a platform for solving the issue at its roots.If you really want to do this, Dont come up with reasons like I dont have time off for a day or I have a project due. I can understand if 1 or 2% of our active members say it, but when 98% of our active members say that I can understand what it is. May be its time we figure out whether we prefer anonymity and pontifical verbatim on the online forum to expressing our concern/disappointment openly. Do not get offended and start flaming me. Just my thoughts.
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martinvisalaw
04-19 02:44 PM
Hopefully you can address the CIS concerns about where you were working by showing that the I-140 is for a future position, and it is irrelevant (for permanent residence) where you worked in the past. However, your past locations are relevant in showing whether or not you maintained H-1B status, and can also suggest that the employer's labor cert for one specific location is incomplete, if it traditionally moves employees around and if it disn't say multiple locations on the labor cert and I-140.. Good luck.
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maximus777
12-09 03:09 PM
in this environment where jobless rate is pushing 10%, i.e., one in ten Americans is without a job! Not trying to be negative here, just reconciling with the present reality and trying to re-adjust my expectations. Just have to hope that the economy picks up steam next year and optimism returns.
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ghost
09-19 04:05 PM
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
sent you a PM
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
sent you a PM
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Michael chertoff
08-04 02:56 PM
Please post here to boost moral of all others if
you have received Welcome Email for GC approval :D in August 2009 (this month).
This will help our community and keeps our hopes live.
Thanks
MC
you have received Welcome Email for GC approval :D in August 2009 (this month).
This will help our community and keeps our hopes live.
Thanks
MC
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gaz
11-18 01:57 PM
Contributed $100 to IV.
Reciept #87H393384E9981342
Reciept #87H393384E9981342
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chezelleabhap
03-14 04:08 PM
Lickerish HOTHEALTH hot-health.net (http://hot-health.net) Vigorousness Talk is a assemblage of searing word composed from other on dit sites and aggregated as regards your convenience
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sidbee
04-17 06:41 AM
This is Off-Topic, sorry about that, but this is the best forum i could think of to ask this:
My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understan that we end up being personally liable and can even be sued if there is an injured party).
Edit: This is in California
I have myself driven a lot in many states on B1/B2, All the car rental agencies on mostly international airports cater to visitors on B1/B2.When i came to US for the first time on business, i drove around 3000 miles just on weekends :-)
If the Locals DL of your FIL is not in english, you need a International Drivers Permit, from your country.IDP is just an english transalation of your local drivers licence,and is not valid without the original DL.
The only problem i see, is that your insurance would not cover him(mine required the authorized driver to have a US licence).if he just wants to drive for fun, you better rent him a car with CDW and Liability insurance.Its expensive but its safe.
And i personally don't agree that fines could be 3 times...all the silicon valley visitors would be screwed.
Please contact your local DMV, for information. I have just told you my experience and i may be wrong.
My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understan that we end up being personally liable and can even be sued if there is an injured party).
Edit: This is in California
I have myself driven a lot in many states on B1/B2, All the car rental agencies on mostly international airports cater to visitors on B1/B2.When i came to US for the first time on business, i drove around 3000 miles just on weekends :-)
If the Locals DL of your FIL is not in english, you need a International Drivers Permit, from your country.IDP is just an english transalation of your local drivers licence,and is not valid without the original DL.
The only problem i see, is that your insurance would not cover him(mine required the authorized driver to have a US licence).if he just wants to drive for fun, you better rent him a car with CDW and Liability insurance.Its expensive but its safe.
And i personally don't agree that fines could be 3 times...all the silicon valley visitors would be screwed.
Please contact your local DMV, for information. I have just told you my experience and i may be wrong.
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langagadu
03-29 03:49 PM
Ready
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belmontboy
05-20 09:52 AM
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,
i think she fell asleep on keyboard, before she could finish the question :D
i think she fell asleep on keyboard, before she could finish the question :D
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stucklabor
03-11 12:12 PM
Thanks buddy. That was the answer I was looking for.
No probs, we owe as much for all the hours you have put in with the EB number analysis.
But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.
No probs, we owe as much for all the hours you have put in with the EB number analysis.
But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.
more...
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andy garcia
07-18 04:19 PM
thanks for the answer buddy
woaaah.. that's a very little number.... :p
Last year the top 5 countries in EB got all these visas:
Total EB ****** 159,081
Philippines ***** 23,733
India ********* 17,169
Korea ******** 10,886
China ******** 9,484
Mexico ****** 8,864
The actual limit is 7% of the total EB plus FB which is:
(140,000 + 226,000) * .07 = 25,620
woaaah.. that's a very little number.... :p
Last year the top 5 countries in EB got all these visas:
Total EB ****** 159,081
Philippines ***** 23,733
India ********* 17,169
Korea ******** 10,886
China ******** 9,484
Mexico ****** 8,864
The actual limit is 7% of the total EB plus FB which is:
(140,000 + 226,000) * .07 = 25,620
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gc78
10-09 02:00 PM
I had to travel to Switzerland recently and was in a similar situation. I explained to the visa officer that my H1B stamp had expired and was planning on using AP for travel. She was fine with it, mentioned that AP supersedes H1B stamp anyway and issued the Swiss visa.
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GCard_Dream
04-09 01:12 PM
Hasn't he given many speeches like this before as well? I mean he has been giving speeches on immigration since 2004 yet nothing has happened so far. He addressed it on State of the Union speech, prime-time speech from the oval office, and countless other occasions but what has been the end result - NOTHING. I wouldn't keep my hopes very high just because Bush said so. It’s all up to the congress now.
NELLAIKUMAR
08-14 11:20 PM
I feel that getting the EAD will give us more flexibility to survive in this economic condition as well as eligibility for spouse to work.
vrbest
08-17 05:13 PM
I just came back this afternoon (1:30 PM EST) via Dubai...Atlanta..from Chennai.. Just showed AP document and passport.. no questions asked...
Airline just verified AP at Chennai and Dubai to ensure I travel with valid documentation to USA.
sanjay02: Dependents may need to produce Primary Applicant's 485 receipt just incase they ask.. Not sure if it really matters as there is no primary or dependent on AP document mentioned.
Hope this helps!
I just wanted to confirm that it is ok to travel on AP via Dubai from Emirates without H1B stamp. Has anyone done this recently and can you share your experience? Thanks.
- gchopes
Airline just verified AP at Chennai and Dubai to ensure I travel with valid documentation to USA.
sanjay02: Dependents may need to produce Primary Applicant's 485 receipt just incase they ask.. Not sure if it really matters as there is no primary or dependent on AP document mentioned.
Hope this helps!
I just wanted to confirm that it is ok to travel on AP via Dubai from Emirates without H1B stamp. Has anyone done this recently and can you share your experience? Thanks.
- gchopes
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