jungalee43
01-11 09:10 AM
Nice to know that I could be of some help. Thanks for letting me know.
Wish you good luck in your AC21 as well as GC journey.
I think all of us would need to add one day in DC as a part of this journey.
Wish you good luck in your AC21 as well as GC journey.
I think all of us would need to add one day in DC as a part of this journey.
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meridiani.planum
07-10 09:22 PM
inline...
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
-- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
yes, he will get a one year extension since his LC is atleast one yaer old.
3. What if the old employer revokes his I140 now? His GC process is invalid?
yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.
4. If we leave about GC, Can he do H1 transfer atleast?
yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
He will also need a copy of his labor certificate to be able to file a transfer+extension.
At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
-- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
yes, he will get a one year extension since his LC is atleast one yaer old.
3. What if the old employer revokes his I140 now? His GC process is invalid?
yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.
4. If we leave about GC, Can he do H1 transfer atleast?
yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
He will also need a copy of his labor certificate to be able to file a transfer+extension.
At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved
Nw2GC
05-07 08:32 PM
I will be submitting my paper work soon!
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jasmin45
07-15 09:02 PM
MSNBC has covered the legal immigrants protest. Video is available in Youtube. But I am not sure about the rally. I know that Fox news covered the rally in the news segment.
more...
paskal
08-14 04:10 PM
never though i could get so much experience with neurosis (mine and everyone else's) in a such a short time...guess i should thank USCIS- and apply for EB1 as a international expert :D:p
NKR
02-18 11:32 AM
And it may well depend upon the demand for H1b visas this year. If there is a huge demand for H1b visas like last year, there is a good chance congress may recapture lost H1b visas. Then EB visas may also be recaptured along with H1b visas.
But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
Fear of recession may also reduce new H1B visa demand.
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
Fear of recession may also reduce new H1B visa demand.
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
more...
sac-r-ten
02-03 05:09 PM
Moderators/Admins, is there a way to block the IP of this anonymous person.
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Humhongekamyab
08-13 10:59 AM
This thread should be deleted. Not related to our cause.
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cagedcactus
07-27 11:08 AM
Can some one please confirm. I hope I am not confusing everyone here. I am filing my I 140 now, I want to be sure that this is safe.....
thanks for the kind replies...
thanks for the kind replies...
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thatwillbeit
05-24 08:47 PM
Hi Gurus...
I am one of the July 2007 EAD filers and did not file for AP at that time.
So I am in the process of the renewing EAD & Applying for AP for the first time.
I have couple of questions..
do you get Finger Printing for EAD Renewal ?
do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]
Your help is much appreciated
I am one of the July 2007 EAD filers and did not file for AP at that time.
So I am in the process of the renewing EAD & Applying for AP for the first time.
I have couple of questions..
do you get Finger Printing for EAD Renewal ?
do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]
Your help is much appreciated
more...
immilaw
09-17 11:07 AM
Hi,
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
There are two requirements of EB-2. First is the minimum requirements of the Job and the second is the degree that you have earned BEFORE you joined the job.
So if the minimum requirement of the job is M.S. degree and you also had earned a M.S. degree before you joined the job then it will be EB-2. Remember, the US CIS & DOL consided goes by the date appearing on your diploma as the graduating date. No amount of letters from the dean or your supervisor will convince then that you earned your degree on a date before the date that appears on your diploma.
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
There are two requirements of EB-2. First is the minimum requirements of the Job and the second is the degree that you have earned BEFORE you joined the job.
So if the minimum requirement of the job is M.S. degree and you also had earned a M.S. degree before you joined the job then it will be EB-2. Remember, the US CIS & DOL consided goes by the date appearing on your diploma as the graduating date. No amount of letters from the dean or your supervisor will convince then that you earned your degree on a date before the date that appears on your diploma.
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vik352
10-20 10:34 AM
Thanks for posting this. My I-140 was applied in May 2007 and I have not heard anything. USCIS says it has processed until July 24, 2007. What a bunch of lies.
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GCwaitforever
04-11 11:47 AM
Congratulations on getting GC. You are out of this hellhole.
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GCHope2011
09-17 11:19 AM
Talked to a lawyer, essentially everyone is right.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
more...
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buptlsp
09-18 05:01 PM
got receipt today . 07/02 10:25am the famous J.Barrett .
Guys, keep up, you will be fine and get it soon.
In the same boat guys. Signed by J.Barret 10:25am. No receipts yet. Called USCIS twice last week. Still not in system.
Guys, keep up, you will be fine and get it soon.
In the same boat guys. Signed by J.Barret 10:25am. No receipts yet. Called USCIS twice last week. Still not in system.
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SAPGURU
01-04 09:09 AM
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
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vegasbaby
06-29 03:29 PM
Schengen Visa Insurance: Best Deals for Schengen Travel Insurance (http://www.schengenvisainsurance.com/)
There are tons of such sites/companies that will issue a travel insurance & will issue a letter with all the wordings mentioned by the consulate. You are possibly looking at abt $50-60 bucks depending on your coverage (lowest specified by consulate ) & length of stay (15 days)
You can ask Humana to issue you a letter stating to coverage amount that you will be covered while on your visit to Sweden. When I was traveling to Italy, my insurance company did issue me such a letter & I didn't have to buy anything.
There are tons of such sites/companies that will issue a travel insurance & will issue a letter with all the wordings mentioned by the consulate. You are possibly looking at abt $50-60 bucks depending on your coverage (lowest specified by consulate ) & length of stay (15 days)
You can ask Humana to issue you a letter stating to coverage amount that you will be covered while on your visit to Sweden. When I was traveling to Italy, my insurance company did issue me such a letter & I didn't have to buy anything.
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helpfriends
04-15 01:35 PM
I thought it would be considered fraudulent. I don't know why they didn't wait until the L1 application was approved first before coming over - it was only a week later? It makes no sense.
Thanks for your input.
Thanks for your input.
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h1techSlave
04-09 09:53 PM
While listing the house the seller signs an agreement with the agent that they would go thru that agent. So directly dealing with the seller may not be an option. Now, there are home selling agencies who charges a fixed amount ($3000). And some times the seller tries to sell the house directly; in that case they would not be able to list the house in the MLS. Hence many sellers do not go this route.
and the seller basically prices it into the sale price... which why when buying next time .. i would ask to deal with the seller directly.. get an attorney to do the paperwork and diligence for $600 and ask the seller to keep 1% and give me a 5% discount.lil leg work and you save like 25k on 500k house.
and the seller basically prices it into the sale price... which why when buying next time .. i would ask to deal with the seller directly.. get an attorney to do the paperwork and diligence for $600 and ask the seller to keep 1% and give me a 5% discount.lil leg work and you save like 25k on 500k house.
sweet_jungle
10-06 12:08 AM
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.
ruchigup
08-15 12:42 PM
I am sorry to hear that....
This below ruling doesn't apply in virginia but this might give you some pointers to fight in case your employer sues you.
http://arstechnica.com/news.ars/post/20080808-california-supreme-court-strikes-down-noncompete-clauses.html
This below ruling doesn't apply in virginia but this might give you some pointers to fight in case your employer sues you.
http://arstechnica.com/news.ars/post/20080808-california-supreme-court-strikes-down-noncompete-clauses.html
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