BharatPremi
11-24 12:33 PM
Also include some text which says that you were an fulltime employee (40 hrs per week)...
Assuming original poster from India, definition of Full Time Employment is 48 hours of work per week in private sector and 44 hours of work in most public sector. Many people make mistake on this ( Completely forgetting how they slogged...:)). 5 years back one of my friend got an RFE on this... Lawyer, through his internal sources came to know that INS had problem with the note regarding 40 hours of week as they knew in India, generally Public sector remained open for 44 hours. My friend was public sector employee in India.
Assuming original poster from India, definition of Full Time Employment is 48 hours of work per week in private sector and 44 hours of work in most public sector. Many people make mistake on this ( Completely forgetting how they slogged...:)). 5 years back one of my friend got an RFE on this... Lawyer, through his internal sources came to know that INS had problem with the note regarding 40 hours of week as they knew in India, generally Public sector remained open for 44 hours. My friend was public sector employee in India.
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panky72
05-21 02:03 PM
hi,
Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.
I think the interim EAD is no longer available. But you might get your EAD before Aug 16th. I got my EAD in 45 days (paper file at NE)
Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.
I think the interim EAD is no longer available. But you might get your EAD before Aug 16th. I got my EAD in 45 days (paper file at NE)
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rajenk
07-19 07:27 PM
What if the company with your first 140 withdras th applciation (assuming 140 was approved for more than 180 days and I485 is also pending more than 180 days)
Also when you join the new company what kind of benefits you get in term of Salary/ Position/ Promotion?
It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.
The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!
Also when you join the new company what kind of benefits you get in term of Salary/ Position/ Promotion?
It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.
The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!
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hanu0913
10-08 03:12 PM
Your sentences are confusing. Please no offense.
You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.
My case : got GC on June. Filed wife's case in June and she has an EAD.
All the best.
so here is exact question , what about if i get GC approval before my PD gets current?
You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.
My case : got GC on June. Filed wife's case in June and she has an EAD.
All the best.
so here is exact question , what about if i get GC approval before my PD gets current?
more...
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martinvisalaw
03-18 03:30 PM
Thank you for your previous answer. You mentioned that he can't file 485 legally in the scenario explained above. Is it illegal because he was laid off and not working anymore for the employer A? I believe as long as company A is interested in offering him the future position, he can file 'legally' with the job offer letter. Please correct me if I am wrong.
It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.
It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.
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telekinesis
10-20 10:53 PM
Hellz yea, I hate those **** start things, beeps work well!
more...
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bhasky25
10-11 01:39 PM
I received and RFE for medical and 325a in June 2009 and nothing after that. I replied to the RFE along with my AC21 from the current employer.
My current employer will not file an EB2 petition. Period. Not sure if it is an good idea to file an EB3 through them as it will not take me anywhere. I would rather switch to EAD and look for an employer who would do EB2 for me. But that would be my last option, I still want to work for this employer under H1b. But wanted to know if there will be any problem in getting my H1B renewed as my 140 is revoked. I am past my 6 yrs in H1B (got the previous one approved using my 140 approval).
My current employer will not file an EB2 petition. Period. Not sure if it is an good idea to file an EB3 through them as it will not take me anywhere. I would rather switch to EAD and look for an employer who would do EB2 for me. But that would be my last option, I still want to work for this employer under H1b. But wanted to know if there will be any problem in getting my H1B renewed as my 140 is revoked. I am past my 6 yrs in H1B (got the previous one approved using my 140 approval).
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lostinbeta
10-03 02:00 PM
horrific....... um...... ok...... if you say so :P
Alright dude, I gotta go now. I can't spam anymore. My girlfriend awaits :)
Alright dude, I gotta go now. I can't spam anymore. My girlfriend awaits :)
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GCard_Dream
06-18 04:42 PM
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
We need to oppose CIR till we see such a provision.
Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
We need to oppose CIR till we see such a provision.
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BharatPremi
10-10 12:10 PM
Q: �You are a citizen of India. You came in USA on H1B visa in year 2000.
Your employer filed your Green Card under EB3 � NON RIR category. Down
the road your company filed the Green Card for your Pakistani colleague
in year 2005 and in year 2006 November you came to know that your
Pakistani colleague became permanent resident as his GC application
approved. Upon hearing this news you get frustrated. What do you think
why your Green card is not yet approved? What could be the reasons
behind this long delay?
A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
For that mistake what your ancestors did,USCIS is making you to pay the
price for that as now you have decided to become permanent resident of
USA.
O.K. Humor asides.
First reason:
It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
(Recommended top limit is 140000 visa applications worldwide).
Second reason:
In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.
Third reason:
Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.
Fourth reason:
USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.
Fifth reason:
Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.
Your employer filed your Green Card under EB3 � NON RIR category. Down
the road your company filed the Green Card for your Pakistani colleague
in year 2005 and in year 2006 November you came to know that your
Pakistani colleague became permanent resident as his GC application
approved. Upon hearing this news you get frustrated. What do you think
why your Green card is not yet approved? What could be the reasons
behind this long delay?
A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
For that mistake what your ancestors did,USCIS is making you to pay the
price for that as now you have decided to become permanent resident of
USA.
O.K. Humor asides.
First reason:
It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
(Recommended top limit is 140000 visa applications worldwide).
Second reason:
In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.
Third reason:
Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.
Fourth reason:
USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.
Fifth reason:
Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.
more...
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abhijitp
12-19 07:39 PM
Attorney suggested to follow up with FP second time also and said we will be asked by USCIS which application to keep. Is this true?
Not true. They won't ask you anything. I would get my FP done. Then have your attorney write a letter to the USCIS explaining why you submitted two AOS applications, then asking them to keep any one "approvable" of the two AOS applications you submitted. This, I was told by an attorney during a private consultation call. Hope this helps. Best advice is, please consult an attorney:)
Not true. They won't ask you anything. I would get my FP done. Then have your attorney write a letter to the USCIS explaining why you submitted two AOS applications, then asking them to keep any one "approvable" of the two AOS applications you submitted. This, I was told by an attorney during a private consultation call. Hope this helps. Best advice is, please consult an attorney:)
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vrbest
03-23 10:55 AM
I did first time AP early Feb.. I just put in a date in May and got the AP in 3 weeks (though my online status still shows received and pending).. Document listed by godspeed is what I also sent. hope this helps!
Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
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hibworker
07-15 05:37 PM
Hand in all I-94 that are in your possession since last entry in to US.
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snathan
03-19 07:58 PM
What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
I think you need to talk to the CPA for tax and not lawyer....
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
I think you need to talk to the CPA for tax and not lawyer....
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bijualex29
05-05 03:33 PM
I would like to know, can I get my H-1B at 6.0 year of my H-4 with my spouse�s approved I-140 (affected by EB-3 retrogression)?
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pmamp
12-07 11:43 AM
Hi,
I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.
I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.
If I change the employer, will I be subject to H-1 B visa quota restriction?
I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.
However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.
I would appreciate your advice very much.
Thank you always.
Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.
I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.
I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.
If I change the employer, will I be subject to H-1 B visa quota restriction?
I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.
However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.
I would appreciate your advice very much.
Thank you always.
Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.
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reddy77
04-13 08:23 AM
Thanks guys for all your responses, much appreciated. not sure whats the RFE about, still waiting for the document, little bit tensed ....
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sintax321
09-04 01:28 PM
Would someone mind posting a link to a pixel stretching tutorial? I do a lot of photoshop work and have never seen it yet.
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reddymjm
03-06 01:09 PM
I received the letter yesterday but its at home. Wont have access to a Fax machine over the weekend - so, any email address where it can be scanned and sent?
Please provide a email id.
Please provide a email id.
chanduv23
09-16 03:01 PM
Well...This is called "Heights" or "Crossing the limits". Now come on...a friend who has helped u a lot in the past, but cannot(or will not) make it to DC for whatever reasons, u r gonna cut ur relationship with him??? Either u r mean or u dont respect ur friend's decision. Different ppl have different perspectives and one shud respect that rather than cutting off valuable relationships by being narrow minded and expect others to follow what he/she is doing. Else they'll be loners all their lives.
These people are lazy, selfish cowards - they don't have guts to come forward and tell me "Hey, I just cannot come but I am supportive of the cause"
Yes - I know who helped and who did not - those who helped me in the past are supportive
So thanks for your advice - I know what I am doing here - and see you at the rally
These people are lazy, selfish cowards - they don't have guts to come forward and tell me "Hey, I just cannot come but I am supportive of the cause"
Yes - I know who helped and who did not - those who helped me in the past are supportive
So thanks for your advice - I know what I am doing here - and see you at the rally
asanghi
08-31 12:21 PM
Before voting, I saw the poll results, it said total number of votes = 9345. Then I voted "yes". The total no of votes still stands at 9345.
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