GCNaseeb
08-08 04:47 PM
Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
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mlghyd
08-10 11:15 PM
Any updates on the EAD and 245 rule
gc1024
07-17 06:46 PM
Another silly question.
Do I file again? My packet reached USCIS on July 2nd. It was not returned.
Do I file again? My packet reached USCIS on July 2nd. It was not returned.
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avisitinguser
10-11 01:08 PM
Our applications reached to TSC on July 27. I have received my receipts. But no receipts and no checks cashed for my wife's applications. Is anyone in the same situation?
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21stIcon
12-21 08:44 AM
Excatly, you got it. at the end of year w2 should have 100k as a salary not after employer deduction.
bbct
05-02 10:56 AM
The IO will not issue an I-94 with the expiry date same as the new approval notice end date. You will be given an I-94 with the expiry date same as the visa expiry date on the passport. If you are using AP to enter, you will be given an expiry date of 1-year from the date of entry.
My wife travelled in July 2007 on H4 when my H1B was expiring on 09/30/2007. She showed the approval notice that was valid till 09/30/2010 and was still given the I-94 valid till 09/30/2007.
Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.
My wife travelled in July 2007 on H4 when my H1B was expiring on 09/30/2007. She showed the approval notice that was valid till 09/30/2010 and was still given the I-94 valid till 09/30/2007.
Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.
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dkumar341
07-08 09:52 AM
check this out
http://checkeb.com/default.aspx
http://checkeb.com/default.aspx
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spicy_guy
08-10 06:40 PM
You can read the details of the bill at
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
does it have any impact, if a lot of people vote this bill on this site?
Also, there is no time lines on when its going to be set for voting in House.
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
does it have any impact, if a lot of people vote this bill on this site?
Also, there is no time lines on when its going to be set for voting in House.
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synergy
08-15 11:03 AM
Does it apply for people who used AC-21?Do they need to go back to their filing employer after getting green card?
It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.
It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.
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satyasaich
05-01 01:36 PM
If you carefully see the qualifying options for an emergency appointment (who stays and currently working in US can easily qualify) , we can chose the earliest available date at any of the centers like Mumbai/ New Delhi/ Kolkata/Chennai. But the catch is first of all you have to entrust someone in india to go to HDFC bank to pay the fee and get the receipt number.
Remember, the most important thing is YOU must carry that ORIGINAL PAYMENT SLIP along with all of your documents.
Without paying the fee first, there is no way to book an appointment and remember it takes about 48 hours to activate the receipt number for the fee paid, in to the web site & backend system they use to tally that you have actually paid. once you enter your passport number and fee payment receipt number, they both will be tallied against a database
Recently one of my good friend had a major issue, because he took a fax copy of the payment receipt, and believe me got in to a big trouble. (Ofcourse, they honored finally after hours of argument and gave him the visa extension)
Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).
Remember, the most important thing is YOU must carry that ORIGINAL PAYMENT SLIP along with all of your documents.
Without paying the fee first, there is no way to book an appointment and remember it takes about 48 hours to activate the receipt number for the fee paid, in to the web site & backend system they use to tally that you have actually paid. once you enter your passport number and fee payment receipt number, they both will be tallied against a database
Recently one of my good friend had a major issue, because he took a fax copy of the payment receipt, and believe me got in to a big trouble. (Ofcourse, they honored finally after hours of argument and gave him the visa extension)
Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).
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Ψ
06-06 11:33 AM
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fcres
08-09 10:19 AM
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
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onemorecame
03-25 03:09 PM
In transit Visa how many days/long one can stay in dubai.Any idea?
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ramaa
06-23 06:19 AM
Could you please provide your input on this . Thank You.
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vivache
09-21 04:47 PM
Currently since labour is progressing really slowly and considering that it looks like fresh labour will get approved quickly .. but folks will have to wait 4-5 years to get into the 140/485 stage, are there are efforts being made by IV to get dependents say an interim EAD, so that they can start working, rather than be a victim of the process.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
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gccovet
11-17 07:57 AM
IV gurus Please help.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
I went thru the same thing 5-6 years back, Big blue(IBM) was laying off people they were not filing for LC's for 6 months.
I guess, your friend needs to find some company to file his GC while he still continues with his current employer. Once LC is approved, he can opt to join the LC sponsorer employer.
GCCovet
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
I went thru the same thing 5-6 years back, Big blue(IBM) was laying off people they were not filing for LC's for 6 months.
I guess, your friend needs to find some company to file his GC while he still continues with his current employer. Once LC is approved, he can opt to join the LC sponsorer employer.
GCCovet
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CantLeaveAmerica
03-28 09:48 AM
guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.
http://murthy.com/bulletin.html
hoping big forward move.:D
Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D
http://murthy.com/bulletin.html
hoping big forward move.:D
Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D
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GCplease
08-16 02:52 PM
I guess we dont have a choice but to pay.
Thank you all for your advise.
One more thing, no form G-28 was given to me to sign. What does this mean?
That is strange. When a legal attorney represents you, you should sign G-28 authorizing the attorney to act on your behalf. Check with the attorney.
Thank you all for your advise.
One more thing, no form G-28 was given to me to sign. What does this mean?
That is strange. When a legal attorney represents you, you should sign G-28 authorizing the attorney to act on your behalf. Check with the attorney.
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miththoo
01-10 08:56 PM
>if one enters using AP,then works for his current employer , even then, >he/she has to leave and reenter to get h1 status? or only in case of ac21?
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
This is based on what i read in immigration-law.com and again as per murthy office.
I used AP recently. My H1 is valid till Jun 10 2008. So I am asking my company to file for an extension. My paroled I-94 is valid till Dec24th 2008. My company is saying that they can not file for H1 extension now as my I-94 is valid till Dec 24th 2008. And they can only file for extension 6 month prior to I-94 expiry. But if that's the case then I will not be able to file for H1 extension until Jun24 (i.e. 6 month before I-94 expiry Dec24) and by that time my H1 ll be invalid. I would appreciate if you someone let me know if the H1 extension is possible in my case or not.
Thanks,
Miththoo
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
This is based on what i read in immigration-law.com and again as per murthy office.
I used AP recently. My H1 is valid till Jun 10 2008. So I am asking my company to file for an extension. My paroled I-94 is valid till Dec24th 2008. My company is saying that they can not file for H1 extension now as my I-94 is valid till Dec 24th 2008. And they can only file for extension 6 month prior to I-94 expiry. But if that's the case then I will not be able to file for H1 extension until Jun24 (i.e. 6 month before I-94 expiry Dec24) and by that time my H1 ll be invalid. I would appreciate if you someone let me know if the H1 extension is possible in my case or not.
Thanks,
Miththoo
pkd
07-29 03:42 AM
Hello everyone,
I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.
Thx,
Prabhat
I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.
Thx,
Prabhat
dhiru
08-19 12:45 PM
Good new... I went to the INFOPASS Washington Filed Office yesterday (walk-in) and told them that my EAD was expiring the same day and will loose my job if I dont get the EAD in next 5 days. The officer was very helpful and emailed the adjudicator to expedite the process. I received an update this morning saying that my EAD has been approved and the card is in production. Hopefully, I will get the EAD by next week and keep my job. Surprisingly the officer called me this morning to inform the same.
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