Sunday, July 3, 2011

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  • loudoggs
    08-10 12:07 PM
    If company B is sponsoring your GC, they have to prove that the salary they will offer you after getting your GC, is equal or above the prevailing wage. As long as they are able to do that you should be okay. You just have to go and work for Company B once you get your GC.

    I don't think it matters what you are making right now. This is my understanding.

    I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.

    I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.

    What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.




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  • gc_chahiye
    11-17 07:43 PM
    I have received FP notices both for my wife and myself for both 485 & 765. Code 3 ,2 . The question is :I dont know how FP process works. My wife has very smooth and sweaty hands. When i applied for Canadian immigration during FBI FP process even after n no. of attempts we couldnt get good prints on FP Sheet using INK. Ofcourse through speaking with Canadian Consulate they gave her an exemption over this. Now many of my friends have informed me that FP process is Electronic is this true?

    I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.

    its electronic, so you should be ok. They are also very patient, and try a lot ways to get clean prints (using wipes etc) [atleast at the Oakland ASC]




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  • desi3933
    06-29 11:51 AM
    yes u can. however make sure, u r maintaining ur H1 B job. Share investment is considered as a passive investment

    Day Trading is NOT share investment. Active Day Tradering is considered as Business from tax point of view. Please contact your CPA for details on day trading and traders status.



    _________________
    Not a legal advice.




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  • interfile
    08-19 04:07 PM
    Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?

    I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.

    If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?

    If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?

    Which option is better?



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  • furiouspride
    08-01 03:31 AM
    You will have to staple the old passport to the newer one and carry both of them at all times. The visas on the previous passport will not be transferred over to the new passport.




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  • GC_LOOKIN
    12-12 01:09 PM
    Thanks Nashorn..



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  • fromnaija
    09-14 11:42 AM
    I think you can only work for 240 days on a pending H1 extension application. If your application is not approved in 240 days you may be out of status. Please talk to your attorney to confirm this.

    On pending H1 extention there is no limit for how long you can keep working.




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  • parad0xl0g
    04-25 11:08 PM
    What a special stamps group!!! :thumb: My favorites are the second and the third stamps because have a non-conventional environment or something. Good



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  • dontcareanymore
    12-18 05:28 PM
    Hi

    I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.

    I have 2 questions here.

    1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
    Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.

    2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).

    Please advice, I will really appreciate your suggestions on this ASAP.

    Thanks

    Since you already have last 4 months pay slips and currently working , I dont see a problem , as long as your future employer can show that they have a legitimate opening and can pay you.




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  • EB2IMMIGRANT
    08-10 12:01 PM
    I think this is good thing. This will definitely weed out the fraud cases and maybe free up some visa numbers. If your AC-21 portability is genuine you have nothing to fear. Let them investigate as much as they want.



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  • zdash
    10-26 02:29 PM
    In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15). I went through 4 yrs of high school, got my GED followed by an associate degree from community college and now I'm an undergrad student pursuing my bachelor degree; will graduate in a year. Meanwhile, my mother became a U.S. citizen through marriage when I was a sophomore in college, simultaneously my I-130 was approved and now waiting for the visa availability; the priority date: Dec 08, 2006, F1.
    Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
    Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.

    Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.

    On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.

    With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.

    Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.

    If there is any hope, your help/advice/inputs will be greatly appreciated!




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  • jeda
    07-01 06:19 PM
    Dear All, Received the magic email today. Good luck to all of you who are waiting. You will get it, hang in there. Below r my details.
    Eb2-I PD Aug 05. 140 approved in 2006. Only one FP done in 2007. LUD in 2008. No RFE. Case filed in Nebraska. Never enquired case status with USCIS and never filed SR. Note : Employer is small desi consulting co. with 30-40 employees.



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  • gc_check
    01-25 11:07 PM
    Considering the state of the economy and considering that the most important poisiton to save is that of the primary applicant, I suggest that USCIS process cases of primary applicants asap.

    Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.

    What do you think?

    ssh --> I see from your profile your PD as 2001 and understand your frustration, waiting long. I like the idea what you has told... but not sure if it is practical.

    Even I think, we need to ensure, the criteria for apply for EB immigration must be met @ the time the application is accepted. But after that, if the applicant status change in the interim, that should not jeopardize the entire applicaiton it self. With EB, they want to ensure, the status is met @ the time of approval, but given the present economic condition, any thing can happen, and hope USCIS, does not utilize this to penalize the law abiding legal immigrant folks for the delay by USCIS in processing application.

    I'm not sure, The application eligibility should be verified/met at the time an application is accepted for processing and not @ approval is my view. But might not be acceptable to vast majority. Return the application immediately if criteria is not met, but not after many many years.




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  • vivek_k
    08-13 12:10 PM
    NSC is going very tough on A2P issues. I have had a A2P issues on my 140 with Nebraska. Suggest you hire a good attorney and you can resolve this in your favour. PM me if you need any additional information.

    What is A2P? Thanks.



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  • chanduv23
    03-02 03:19 PM
    I just got my 3 year h1b extension today, was filed under premium processing. Everything the same except u pay $1000 extra. I got my approval in less than a week.




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  • GC_SUCK
    08-07 02:50 PM
    Just spoke to IO at NSC. Asked about my case. NC is clear and right now processing 09/06 cases so no movement on my case.

    Asked if it has chance getting approved by the end of this year. She said, depending on how many visa no. they get from DOS, there are fair chances that it may get approved by the end of this year.

    I still do not trust them, but her kind words gave me little hope.

    PD- - 04/08/2002 (ROW)
    I-140 RD - March 2007 (Approved)
    I-1485 RD - March 2007 (PENDING)



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  • skilledWorker
    08-18 01:09 AM
    You are on AOS PENDING status. Since u've a valid H1 stamped in ur passport, you are free to roam in-and-out of the country without any issues.

    Your H-1 will be invalid until your 485 is approved or you use EAD to work or AP to re-enter US.




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  • sangfroid
    01-17 04:43 PM
    well that is what I am saying.

    The job says it needs a person with Bachelors degree with 5 year of experience in servers and also 3 years of experience in network security.

    I met those both criteria before I joined the job.

    Now the question arises, which one I fall under ? EB2 or EB3 ??

    :confused:
    The HR/Lawyer has to decide the category, you can't. The job category is based on what the job requires, not what you have. If you have 20 years of experience but the job requires just BS, it falls into EB3. Good luck.




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  • BumbleBee
    08-15 01:41 PM
    Yes lonemetro,
    You can re-use priority date established on first I-140 for any sub-sequent I-140 filling. As I understand from your post, you have EB3 labor approved and have just filed for I-140 based on it.
    Now, parent company wants to transfer you. Generally I would think you should be able to transfer and still have your GC process going if the company indeed is a 'parent company' but seems there is something different here.

    As a general rule, as long as your previously approved I-140 remained approved, you can re-use priority date established for that I-140 for any subsequent I-140 petition. The sub-sequent petition can be with any employer, and yes, you would need a new labor to file that new I-140 :)

    Try EB1 or EB2 this time :cool:

    BumbleBee




    cam23
    06-24 08:44 PM
    Hi All

    I worked for a company A till July 2006. Company A had applied for my Green Card using RIR process. I got my Labor certification approved and company A applied for I-140.

    In August 2006 company B acquired company A. Company B moved me to a different physical location and different state.

    Company B amended my I-140 application filed by Company A to preserve the priority date. Now company B is planning to file I-485 for this ongoing I-140 application.

    My Questions:

    Is there any risk for I-140 application since company B amended I-140 application filed by Company A?

    I am asking so as company B moved me to a different state and labor used to file amended I-140 was based on company A and its location.




    greendream
    08-22 01:44 PM
    Pani_6,

    Could you post the URL from the immigration.com?

    Thanks

    G.



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