Achi Goro
07-15 02:04 PM
Need help on which application to withdraw. I did file 1-765 paper application with the Nebraska service center. For a month, I had no receipt from them. So I called them to see if they could get me with the receipt number, but to no avail.
Having thought that it might have been lost in the mail, I e-filed this time to Texas Center and had the receipt immediately after submission. Today I check my bank account only to be seen that the the check I issued to the Nebraska service center for my first application has been posted.
Now I'm thinking of which one to withdraw. I'm thinking of keeping the one with the Texas service center since EAD applications are faster processed there than at the Nebraska service center. Do you see any possibility of refund?
Your response would be very much appreciated.
Having thought that it might have been lost in the mail, I e-filed this time to Texas Center and had the receipt immediately after submission. Today I check my bank account only to be seen that the the check I issued to the Nebraska service center for my first application has been posted.
Now I'm thinking of which one to withdraw. I'm thinking of keeping the one with the Texas service center since EAD applications are faster processed there than at the Nebraska service center. Do you see any possibility of refund?
Your response would be very much appreciated.
easygoer
04-07 04:54 PM
It is better if more memebrs write a letter to President as appointment with President on these matters may not seems possible
desi3933
03-15 02:57 PM
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
nvmurali
06-02 02:40 PM
Hi,
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
more...
a_yaja
08-07 09:30 AM
I was curious to know if LC/140/485 will be processed simultaneously or if they will be processed one after the other. If latter, what might be the approx time taken in NSC for LC and 140. I understand that it's difficult to predict the time for 485.
Your LC will not be processed. It has already been processed and approved. Only your I-140 will be processed and if approvable, then it will be approved. Depending on your priority date, your I-140 and I-485 may be processed at the same time and approved at the same time.
This is how I understand Substitute Labor will be processed for I-140. I may be wrong.
Your LC will not be processed. It has already been processed and approved. Only your I-140 will be processed and if approvable, then it will be approved. Depending on your priority date, your I-140 and I-485 may be processed at the same time and approved at the same time.
This is how I understand Substitute Labor will be processed for I-140. I may be wrong.
ashutrip
06-15 04:11 PM
What about the option
Refiling LC in PERM due to .... changing jobs, etc
Even PERM is Baclogged.......per my lawyer Atlanta is taking 6 months.....Amazing
Refiling LC in PERM due to .... changing jobs, etc
Even PERM is Baclogged.......per my lawyer Atlanta is taking 6 months.....Amazing
more...
amsgc
02-22 08:34 PM
Paskal,
You mentioned that if one has a J1, the 2 Yr. HRR applies. I am not sure if it is true for all "categories" of J1 visas.
A friend of mine has come on a J1 visa for six months (research scholar), and on her DS2019, the visa officer has noted that the 2Yr. HRR is not applicable. Also, her visa does not say that she is subject to INA 212(e).
Could you please throw some light on the following:
- Inspite of the visa officer's determination, is she still "a marked man"?
- If you are subject to the 2 Yr. HRR, is mentioned on your visa?
By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine
I will really appreciate your thoughts.
Thanks.
you cannot apply for an H4 until your waiver is complete
does not matter how long you are on a J1, once you get one, you are a marked man.
similarly there is no question of filing a 485, even if you could file it there cannot be an approval till the waiver is done, likely will be rejected.
do please ask an attorney though.
You mentioned that if one has a J1, the 2 Yr. HRR applies. I am not sure if it is true for all "categories" of J1 visas.
A friend of mine has come on a J1 visa for six months (research scholar), and on her DS2019, the visa officer has noted that the 2Yr. HRR is not applicable. Also, her visa does not say that she is subject to INA 212(e).
Could you please throw some light on the following:
- Inspite of the visa officer's determination, is she still "a marked man"?
- If you are subject to the 2 Yr. HRR, is mentioned on your visa?
By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine
I will really appreciate your thoughts.
Thanks.
you cannot apply for an H4 until your waiver is complete
does not matter how long you are on a J1, once you get one, you are a marked man.
similarly there is no question of filing a 485, even if you could file it there cannot be an approval till the waiver is done, likely will be rejected.
do please ask an attorney though.
MetteBB
05-11 03:50 PM
and a Kiwi
more...
desi485
10-11 01:26 PM
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
ajay
06-05 08:19 PM
Generally how many days it takes to get the actual RFE in hand.
I saw status update on May 20th and yet to get the copy in hand.
Me or my lawyer have not received it yet.
What are the next steps if we don't get it soon.
Waiting for the RFE for all 3 of us,wife,me and son. Called up USCIS and they said that it is sent to Lawyer's office. Would they send it to my home address also?
I saw status update on May 20th and yet to get the copy in hand.
Me or my lawyer have not received it yet.
What are the next steps if we don't get it soon.
Waiting for the RFE for all 3 of us,wife,me and son. Called up USCIS and they said that it is sent to Lawyer's office. Would they send it to my home address also?
more...
jonty_11
01-02 01:49 PM
Thanks for the info but my question is about multiple I-485 filing...
Is is legally possible to do that ? If one could do that, will it create I-485 processing complicated ?
Thanks
GC application is for future employmnet - so u can theoritically not join ur employer until ur GC is completely through. But how many employers will be willing to take that risk , esp. mom-pop shop Consultancy firms.
Is is legally possible to do that ? If one could do that, will it create I-485 processing complicated ?
Thanks
GC application is for future employmnet - so u can theoritically not join ur employer until ur GC is completely through. But how many employers will be willing to take that risk , esp. mom-pop shop Consultancy firms.
shruthii_1210@yahoo.com
09-30 12:07 PM
Hi,
I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).
Now i have the following questions.
1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?
2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?
3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?
4) I cannot get the LC copy also from my employer if at all i want ti use ac21?
Advance Thanks for your replies ...
Thanks
karthik
I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).
Now i have the following questions.
1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?
2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?
3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?
4) I cannot get the LC copy also from my employer if at all i want ti use ac21?
Advance Thanks for your replies ...
Thanks
karthik
more...
Aura M.
01-15 04:29 PM
I am in the same boat. They are taking way too long to process H1-B extensions.
Guys please advised how is the process for the extension...
I need to do mine.... Please I know my company will need to do, I just need the steps. I'm not willing to pay a lawyer for this also...
Tks for any info.....
Guys please advised how is the process for the extension...
I need to do mine.... Please I know my company will need to do, I just need the steps. I'm not willing to pay a lawyer for this also...
Tks for any info.....
pointlesswait
09-17 10:19 AM
The answer to ur fulltime on H1 is NO...even a leave of absense wont help..as you are not a citizen..and every non citizen has to be on F1 if in FT program.....
Will you still get paid when u are a full time student..if no..then ur employment visa is invalid without paystubs...dont u agreee..;-)
if you want to be on H1..u are better off pursuing a PT program!..if ur GC comes thru..switch to FT...
been there...done that!
Hi All,
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
Will you still get paid when u are a full time student..if no..then ur employment visa is invalid without paystubs...dont u agreee..;-)
if you want to be on H1..u are better off pursuing a PT program!..if ur GC comes thru..switch to FT...
been there...done that!
Hi All,
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
more...
eb3_nepa
02-18 10:06 AM
Hello everyone,
I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.
The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).
I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?
I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.
The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).
I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?
Antonio Trivelin
June 16th, 2006, 01:07 PM
Hi Antonio,
Great stuff!!!
I love no. 2, 3 and 4.
2 for the dynamic composition, 3 just cracked me up because the percussion instruments are so domineering and 4 seems pure concentration. 2 and 4 could maybe be cropped slightly, but that's very minor.
Cheers,
Stefanie
Hi Stefanie !!
Tks a lot for the comments !!! :D
This guy at the percussion was fantastic !!! He was very concentrate on it and make a lot of funny faces :) ...i think he is Lenny Kravitz�s cousin hahahahah ..just for fun ok.
Regards,
Antonio
Great stuff!!!
I love no. 2, 3 and 4.
2 for the dynamic composition, 3 just cracked me up because the percussion instruments are so domineering and 4 seems pure concentration. 2 and 4 could maybe be cropped slightly, but that's very minor.
Cheers,
Stefanie
Hi Stefanie !!
Tks a lot for the comments !!! :D
This guy at the percussion was fantastic !!! He was very concentrate on it and make a lot of funny faces :) ...i think he is Lenny Kravitz�s cousin hahahahah ..just for fun ok.
Regards,
Antonio
more...
bandya
05-24 11:58 PM
Have said this before - during one of out earlier web fax campaign. Pls send emails to all the members about this fax!!!
All the more important since we hardly have any time on our hand!!!
All the more important since we hardly have any time on our hand!!!
seemashah
02-21 04:17 PM
Hi:
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
drirshad
11-14 03:01 AM
You need exp letter before filing 140 or 485 so don't worry anymore, checkout the following website get your salary you deserve a lot more than he owes ......
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
provine
08-19 05:35 PM
I file pwd around the end of Feb this year. It's still pending. Anyone else is having the same issue? What can I do for this? Ask for tracking number from lawyer and call DOL? Please advise.
I am so frustrated...
I am so frustrated...
Gravitation
07-17 04:37 PM
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
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