vnsriv
06-25 03:29 PM
My suggestion better be in US while your I-485 is in progress or wait till when you both get AP.
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gcwanted101
09-01 12:10 PM
Hi
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
manja
06-29 02:34 PM
My employer does not pay for dependent health insurance and I want to buy insurance for my wife. Does anyone know of any plan that covers pregnancy? So far I could not find one. I'm living in Texas.
Thanks.
Thanks.
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hpandey
07-08 11:25 AM
There is also a possibility that in future you marry a person who is already here .. maybe on H1 or GC or a citizen . Since you are already going through a divorce I am sure if you marry again you would want to meet and understand your next future spouse thoroughly before marrying .
I can understand your situation . My personal advise is take it as it comes. Get the current situation over with first . As for your questions it has already been answered above.
I can understand your situation . My personal advise is take it as it comes. Get the current situation over with first . As for your questions it has already been answered above.
more...
TeddyKoochu
06-25 02:21 PM
Hi Gurus / Attorneys,
I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.
Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
Client was reluctant to give the letter and my H1B got denied.
Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:
My Options :
1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.
2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)
I own a home here and now leaving everything in a week is making me worried.
Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.
Thanks in advance for all your help and suggestions !!
I think your best bet is to expedite all documents suggested by Pbuckeye, If its a direct client then your employer must have all of MSA/SOW/PO, they should have been sent at the first place or atleast at RFE time. Also if possible try to capture some of your timesheets and work emails; I know some people have used this as evidence. You may also provide the contact details of your manager like phone / email, I have seen instances that when the letter has not been provided USCIS has contacted the manager and all they have to confirm is that you work with them and how long tentatively in the future (This can be counterproductive as well if the response is cold). Iam not sure but if your H1B extension is denied and you have filed a MTR whether you can work legally assuming I94 expired, please check this with your attorney.
With your PD you are atleast 3-4 years from filing 485, worst case if you have to go back you can convert to CP assuming the future job offer from the petitioning company is valid. It’s a very sad situation I hope that your MTR gets approved, all the best.
I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.
Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
Client was reluctant to give the letter and my H1B got denied.
Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:
My Options :
1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.
2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)
I own a home here and now leaving everything in a week is making me worried.
Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.
Thanks in advance for all your help and suggestions !!
I think your best bet is to expedite all documents suggested by Pbuckeye, If its a direct client then your employer must have all of MSA/SOW/PO, they should have been sent at the first place or atleast at RFE time. Also if possible try to capture some of your timesheets and work emails; I know some people have used this as evidence. You may also provide the contact details of your manager like phone / email, I have seen instances that when the letter has not been provided USCIS has contacted the manager and all they have to confirm is that you work with them and how long tentatively in the future (This can be counterproductive as well if the response is cold). Iam not sure but if your H1B extension is denied and you have filed a MTR whether you can work legally assuming I94 expired, please check this with your attorney.
With your PD you are atleast 3-4 years from filing 485, worst case if you have to go back you can convert to CP assuming the future job offer from the petitioning company is valid. It’s a very sad situation I hope that your MTR gets approved, all the best.
GoneSouth
07-11 11:14 AM
Congratulations!! Why didn't you do Concurrent filing in June?
I didn't have my I-485 documents compiled and ready for submission in June, so I just went and filed I-140 since that was ready. I figured I-140 would be approved by the time I had I-485 docs ready, and the July visa bulletin issued June 13th showed my PD current through July, so I wasn't worried.
Boy did I (and quite a few other people) get a nasty surprise on July 2!
I didn't have my I-485 documents compiled and ready for submission in June, so I just went and filed I-140 since that was ready. I figured I-140 would be approved by the time I had I-485 docs ready, and the July visa bulletin issued June 13th showed my PD current through July, so I wasn't worried.
Boy did I (and quite a few other people) get a nasty surprise on July 2!
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anilsal
03-14 09:32 AM
This topic seems to be gray for H1B holders. What is allowed and what is not.
* What about cases where people submit content to magazines and are paid a small amount (if published)? It is kind of funny to tell them - "you know I won't accept your $200 bucks because I am on H1B and cannot accept anything else".
* What about cases where people submit content to magazines and are paid a small amount (if published)? It is kind of funny to tell them - "you know I won't accept your $200 bucks because I am on H1B and cannot accept anything else".
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saketkapur
02-07 10:53 AM
link??
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Joey Foley
May 18th, 2005, 03:23 PM
I also took this one around the same time and it has it too.
You guys think I should take this camera to the shop and get it looked at?
I have other cameras to use (20D,10D, and digital rebel) while I'm waiting.
If so, where is the best place to get it looked at?
http://www.dphoto.us/forumphotos/data/500/medium/517test3.jpg
You guys think I should take this camera to the shop and get it looked at?
I have other cameras to use (20D,10D, and digital rebel) while I'm waiting.
If so, where is the best place to get it looked at?
http://www.dphoto.us/forumphotos/data/500/medium/517test3.jpg
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msyedy
12-20 09:36 AM
Masti Gai..
Dont make fun of him. He is not sure.. that is it. You have labor for H1 and green card.
Pradeep .. You need to take i-797 and the greencard labor and I-140 papers
with you.
All these legal question can be answered by a Lawyer than this forum.
Ask a lawyer... you will be satisfied
Dont make fun of him. He is not sure.. that is it. You have labor for H1 and green card.
Pradeep .. You need to take i-797 and the greencard labor and I-140 papers
with you.
All these legal question can be answered by a Lawyer than this forum.
Ask a lawyer... you will be satisfied
more...
GotFreedom?
03-12 10:33 AM
Congratulations and Enjoy.
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mohitb272
03-20 06:29 PM
Read the Yates memo...After 180 days of I485 pending, the employer's revocation of I140 has not effect on the GC application. But I know a few cases where this was an issue, so make sure you are armed with proof like pay stubs, employment letter et al.
more...
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jliechty
January 6th, 2005, 10:57 PM
A tip - use a mask on the upper layer instead of an eraser; it's easier to change later on and fine-tune if you'd like. Of course, you could also use a Channel Mixer adjustment layer with mask to make fine adjustments to the B&W conversion. :)
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arpu31
11-17 12:59 PM
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
more...
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shahuja
02-04 05:07 PM
imneedy..mine is renewal..they have my pp..ND consulate..and today is 23rd calendar day..
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eagerr2i
11-05 01:46 PM
Thanks very much for helping with your air miles. I have complied a list of all who have pledged till now.
IV core could use the airmiles in the coming months when there would be a need to make the trip to the national capital.
IV core could use the airmiles in the coming months when there would be a need to make the trip to the national capital.
more...
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ita
01-16 11:13 AM
Thank you so much vin13.
So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?
Thank you again.
Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).
You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.
Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.
So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?
Thank you again.
Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).
You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.
Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.
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chanduv23
03-26 06:41 AM
Took Emirate last month. the overall experience was good. Missed my flight from Dubai as the flight from JFK had to be de-iced. But Emirates arranged for my stay at Dubai and also got me a transit visa... so can't complain :) .
But I last year I flew home by Jet and I thought the service, food, everything about the flight was really good. Would strongly recommend flying by Jet.
Jet is not cheap anymore, they had the prices low for sake of promotion. It is very expensive now. Emirates is cheap. Thats what I am hearing. And emirates.com offers the lowest fares.
But I last year I flew home by Jet and I thought the service, food, everything about the flight was really good. Would strongly recommend flying by Jet.
Jet is not cheap anymore, they had the prices low for sake of promotion. It is very expensive now. Emirates is cheap. Thats what I am hearing. And emirates.com offers the lowest fares.
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GCBy3000
03-31 10:13 AM
You can take any number of salary hike but not different job duties than specified in the labor. No need to inform the labaor department. Because as per law you cannot have different job duties until you get your gc and max one year beyond that.
I am also stuck in the same boat. Infact, I got promoted with 16k hike and demoted in two months. My attorney got a apology letter signed by my VP for attorney records. It is that serious to change job duties.
I am also stuck in the same boat. Infact, I got promoted with 16k hike and demoted in two months. My attorney got a apology letter signed by my VP for attorney records. It is that serious to change job duties.
skark
08-22 10:53 AM
I applied for EAD renewal at TSC on June 24 with a pending EB3 I485 pending at NSC. I still have not got an approval for EAD renewal!
Is anyone else in the same boat got their EAD approved?
Did I send my application to the wrong service center, I live in North Carolina?
I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!
Please advise :confused:
Is anyone else in the same boat got their EAD approved?
Did I send my application to the wrong service center, I live in North Carolina?
I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!
Please advise :confused:
otovarm@hotmail.com
03-03 12:29 PM
Hi everyone, I am seeking some help:
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.