bestia
03-12 03:18 PM
Both lawyers are right. To get the correct answers you have to be asking correct questions.
If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.
From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.
The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.
If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.
From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.
The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.
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sreeks925
02-03 04:24 AM
Making a strong pitch for America to stay competitive in the face of emerging economies such as India and China, President George W Bush has urged the Congress to raise the number of H-1B visas that allow companies to hire foreign workers for scientific and high tech jobs.
"Congress needs to understand that nations like India, China, Japan, Korea and Canada all offer tax incentives that are permanent. In other words, we live in a competitive world. We want to be the leader in this world," Bush said in a speech in Minnesota on Thursday.
To fill vacant jobs in the US, Bush urged the Congress to lift current limit on H-1B visas that allow foreign workers to get jobs in the United States. The Congress in 2005 capped at 65,000 the number of H-1B visas, a third of the 195,000 allowed during the technology boom.
"I think it's a mistake not to encourage more really bright folks who can fill the jobs that are having trouble being filled here in America, to limit their number. So I call upon Congress to be realistic and reasonable and raise that cap," Bush said, but did not say by how much he wanted the limit lifted.
He said that one part of the agenda to stay competitive was to study math and science, a theme he touched on in his State of the Union Address on Tuesday.
"It's one thing to research, but if you don't have somebody in that lab, well� And so I got some ideas for the Congress to consider. The first is to emphasize math and science early, and to make sure that the courses are rigorous enough that our children can compete globally," Bush said in a speech at the 3M Corporation.
He said there are more high-tech jobs in America today than people available to fill them. "So what do we do about that? And the reason it's important -- and the American citizen has got to understand it's important -- is if we don't do something about how to fill those high-tech jobs here, they'll go somewhere else where somebody can do the job."
"There are some who say, we can't worry about competition. It doesn't matter, it's here. It's a real aspect of the world in which we live," he said.
"And so one way to deal with this problem, and probably the most effective way, is to recognize that there's a lot of bright engineers and chemists and physicists from other lands that are either educated here, or received an education elsewhere but want to work here. And they come here under a programme called H1B visas," Bush said.
He said America should not fear competition. "It's important for us not to lose our confidence in changing times. It's important for us not to fear competition but welcome it."
Senior administration officials noted that the number of H-1B visas has fallen to 65,000 which in their estimation was 'too low' and that it was imperative 'to bump that up.'
". . . some of reports have called for increases of 10,000; others between 20,000 and 40,000. So there is a number of options on the table to be considered. But we'll work with Congress on that," said Claude Allen, assistant to the President for domestic policy.
http://ia.rediff.com/money/2006/feb/03visa.htm?q=tp&file=.htm
"Congress needs to understand that nations like India, China, Japan, Korea and Canada all offer tax incentives that are permanent. In other words, we live in a competitive world. We want to be the leader in this world," Bush said in a speech in Minnesota on Thursday.
To fill vacant jobs in the US, Bush urged the Congress to lift current limit on H-1B visas that allow foreign workers to get jobs in the United States. The Congress in 2005 capped at 65,000 the number of H-1B visas, a third of the 195,000 allowed during the technology boom.
"I think it's a mistake not to encourage more really bright folks who can fill the jobs that are having trouble being filled here in America, to limit their number. So I call upon Congress to be realistic and reasonable and raise that cap," Bush said, but did not say by how much he wanted the limit lifted.
He said that one part of the agenda to stay competitive was to study math and science, a theme he touched on in his State of the Union Address on Tuesday.
"It's one thing to research, but if you don't have somebody in that lab, well� And so I got some ideas for the Congress to consider. The first is to emphasize math and science early, and to make sure that the courses are rigorous enough that our children can compete globally," Bush said in a speech at the 3M Corporation.
He said there are more high-tech jobs in America today than people available to fill them. "So what do we do about that? And the reason it's important -- and the American citizen has got to understand it's important -- is if we don't do something about how to fill those high-tech jobs here, they'll go somewhere else where somebody can do the job."
"There are some who say, we can't worry about competition. It doesn't matter, it's here. It's a real aspect of the world in which we live," he said.
"And so one way to deal with this problem, and probably the most effective way, is to recognize that there's a lot of bright engineers and chemists and physicists from other lands that are either educated here, or received an education elsewhere but want to work here. And they come here under a programme called H1B visas," Bush said.
He said America should not fear competition. "It's important for us not to lose our confidence in changing times. It's important for us not to fear competition but welcome it."
Senior administration officials noted that the number of H-1B visas has fallen to 65,000 which in their estimation was 'too low' and that it was imperative 'to bump that up.'
". . . some of reports have called for increases of 10,000; others between 20,000 and 40,000. So there is a number of options on the table to be considered. But we'll work with Congress on that," said Claude Allen, assistant to the President for domestic policy.
http://ia.rediff.com/money/2006/feb/03visa.htm?q=tp&file=.htm
file485
07-09 08:36 AM
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
could you be more specific..
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
This happened in early 2007.
______________________
Not a legal advice
could you be more specific..
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
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pappu
03-18 11:33 AM
I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Please correct your profile with real details so that it helps everyone. Thanks.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Please correct your profile with real details so that it helps everyone. Thanks.
more...
snathan
02-01 09:59 AM
You did substitude and want to keep that PD. ...:p
But you wont be able to do so....:D
But you wont be able to do so....:D
chanduv23
11-07 04:55 PM
Pehaps all that your lawyer cares for is your fees. The answer to your question is 'No' you cannot use your experience gained with your current employers, ofcourse if the petitioner is your current employer.
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
But his signature says labor is approved. I remember giving my lawyer an updated resume with current employment when she filed 140 for me. Maybe thats OK in 140 petition????
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
But his signature says labor is approved. I remember giving my lawyer an updated resume with current employment when she filed 140 for me. Maybe thats OK in 140 petition????
more...
abe1
06-22 10:56 PM
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
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eldrick
07-31 05:19 PM
They also didn't ask me to sign form G28. Is this ok? Does this mean that receipt number will be mailed to me directly?
more...
rbalaji5
07-17 07:55 PM
Really Thank and Appreciate Mr Gonzales.
Thank you so much Mr. Emilio Gonzalez
Thank you so much Mr. Emilio Gonzalez
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java4yogi
09-03 03:17 PM
Hello Friends,
Could somebody pls. help and respond to this query.
In case of approved Change of Status from H4-H1B , when can the H1B holder apply for a SSN. Do we need to wait till Oct. 1 to apply for the SSN or can we apply earlier.
I heard that it can take anytime between 2-8 weeks and the H1B holder is not supposed to start working till they receive the SSN.
Thanks a lot for your help, its greatly appreciated.
Could somebody pls. help and respond to this query.
In case of approved Change of Status from H4-H1B , when can the H1B holder apply for a SSN. Do we need to wait till Oct. 1 to apply for the SSN or can we apply earlier.
I heard that it can take anytime between 2-8 weeks and the H1B holder is not supposed to start working till they receive the SSN.
Thanks a lot for your help, its greatly appreciated.
more...
hazishak
07-05 09:49 PM
At this point no one knows answers to you questions. We have to wait and we will see. Ultimately, USCIS could avoid lots of headaches by accepting all July applications and issuing a new bulletin for August...but we don't know, and nobody knows what will eventually happen.
There is no way USCIS can accept July applications. They said there is no visa available for FY-2007. Now how they will accept more applications? Basis on what? If they accept applications that means they had enough visa available but they did not want to process in which case the a law suit is imminent.
There is no way USCIS can accept July applications. They said there is no visa available for FY-2007. Now how they will accept more applications? Basis on what? If they accept applications that means they had enough visa available but they did not want to process in which case the a law suit is imminent.
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TomTancredo
11-27 07:21 PM
From what I can infer from the replies so far:
1. For full time/permanent positions, EAD opens the doors to companies that do not usually sponsor visas. From the salary perspective, a boost might not be possible
2. For contract positions, eliminating the desi layer in between might help increase the rate.
In (2), how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?
You eliminate vendors based on what your expectations are as per the rate is concerned. You can not eliminate vendors totally because most of the large corporations go thru vendors , could be desi or otherwise .
Having an EAD opens up more oppurtunities than on H1 , Its up to the individual how one wants to use/benifit from the oppurtunities.
1. For full time/permanent positions, EAD opens the doors to companies that do not usually sponsor visas. From the salary perspective, a boost might not be possible
2. For contract positions, eliminating the desi layer in between might help increase the rate.
In (2), how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?
You eliminate vendors based on what your expectations are as per the rate is concerned. You can not eliminate vendors totally because most of the large corporations go thru vendors , could be desi or otherwise .
Having an EAD opens up more oppurtunities than on H1 , Its up to the individual how one wants to use/benifit from the oppurtunities.
more...
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vactorboy29
02-24 10:05 AM
He is the best player in cricket history. I admire his passion and dedication about cricket.
Congratulations to all cricket lovers...
We will remember this record all our life ...
Congratulations to all cricket lovers...
We will remember this record all our life ...
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meridiani.planum
10-09 01:52 PM
Visitor visa/Business visa for Germany .I have plan business trip to Germany but to get visa, German consulate web site saying they will need visa stamp in passport. My visa stamp in passport is expired and I had use AP for my last entry.
Does any have done European visa with above condition .Please share your thoughts?
Thanks
Did you call up the embassy and ask? I got a tourist visa last year from their embassy in SFO. Was on H1 and had a stamp at that point, but in general they were very helpful over the phone. So try calling the embassy...
Does any have done European visa with above condition .Please share your thoughts?
Thanks
Did you call up the embassy and ask? I got a tourist visa last year from their embassy in SFO. Was on H1 and had a stamp at that point, but in general they were very helpful over the phone. So try calling the embassy...
more...
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GCNirvana007
08-22 06:47 AM
Anyone still waiting for approval whose PD is within October 2003 EB2?
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pa_arora
12-03 05:45 PM
Don't get excited too soon :)
I saw the following message when I logged into the USCIS case tracking system.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
lol...where do u see excitement in my post? i know its atleast a year for me to see some green.
I saw the following message when I logged into the USCIS case tracking system.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
lol...where do u see excitement in my post? i know its atleast a year for me to see some green.
more...
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whattodo21
07-09 03:08 PM
i have sent him about three emails. The response is the same - word for word. If they see any immigration related email from a constituent, all they get is this canned response. Sen. Conryn is anti-immgrant for all I know and care.
Could be true...
However, it is better to get a letter that actually relates to our problem instead of a standard letter talking about amnesty
Could be true...
However, it is better to get a letter that actually relates to our problem instead of a standard letter talking about amnesty
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extofu
03-07 11:06 AM
You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
My current H1 stamp is for company A.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
My current H1 stamp is for company A.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
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sriramkalyan
02-06 11:22 AM
So what ... r u scared ...you will be deported ...
number30
03-12 07:02 AM
You are right. I just confirmed also with ICICI(my bank) and they do not send 1099. Damn.
So what should I do now. Do I report the interest income from prior years (its very small.... less than $200/year) and file TD F 90-22.1 form this year.
How big a issue is this. Should I be very scared?
Do not worry not abig deal. Just enter the amounts in $. This year Citi has used Rs 46 per $. Even I did not do it for first four years.
So what should I do now. Do I report the interest income from prior years (its very small.... less than $200/year) and file TD F 90-22.1 form this year.
How big a issue is this. Should I be very scared?
Do not worry not abig deal. Just enter the amounts in $. This year Citi has used Rs 46 per $. Even I did not do it for first four years.
willwin
05-21 10:00 AM
The reason why they are not talking about EB is there is nothing to talk.
The solution is straight and simple. to recapture and has been discussed enough. I am positive that should CIR happen EB reform will happen too.
The solution is straight and simple. to recapture and has been discussed enough. I am positive that should CIR happen EB reform will happen too.
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