desigirl
12-02 10:12 AM
As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
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punjabi
03-16 04:26 PM
I was in a similar frame of mind like you a few days ago...thinking whether to switch to EAD with different company or not.
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
Hi,
.... Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
Job Description on offer letter? should match word to word with LC
......
Please let me know if all the above assumptions are correct.
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
Hi,
.... Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
Job Description on offer letter? should match word to word with LC
......
Please let me know if all the above assumptions are correct.
bluez25
07-15 01:41 PM
Clicked on Immigration visa's and then appointments and you can find all months schedule there.... where I found for August too..
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Azzuri
12-03 07:05 AM
Kirupa Hero one is awsome. talents !
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pcs
11-15 12:28 PM
You should try for emergency appointment & should be able to get it based on approved 797.
By the way, my Canadian PR is maturing & I am asked to pay landing fee & do the medical by 1st Jan 2007. Can I pay the landing fee in time but delay the medical without compromising Canadian PR ? I want postpone my landing. Can you please share your advise ??
Thanks
By the way, my Canadian PR is maturing & I am asked to pay landing fee & do the medical by 1st Jan 2007. Can I pay the landing fee in time but delay the medical without compromising Canadian PR ? I want postpone my landing. Can you please share your advise ??
Thanks
piyu7444
05-08 02:21 PM
:confused:
I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.
Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?
Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?
Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)
Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?
I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.
Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?
Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?
Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)
Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?
more...
fide_champ
08-04 05:41 PM
Please see my answers inside:
I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave
Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
!
I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave
Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
!
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needhelp!
08-31 12:14 AM
OK so we're 1 million in the backlog. That could be a small country.
Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.
Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.
So.. if anyone has the info on how to register a new country, I'd like to know.
Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.
Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
8/31:7.45am & 6pm;
9/3: 9.25am & 6pm;
9/4: 7.45am & 6pm;
9/5: 9.25am & 6pm;
9/6: 7.45am & 6pm;
9/7: 9.25am & 6pm;
9/10: 9.25am & 6pm;
9/11: 7.45am & 6pm;
Also live discussion for few minutes about IV Rally on Saturday during immigration show at 3pm central
Sponsored by members of TX chapter of IV (http://groups.yahoo.com/group/texasiv) &
the Law offices of Sherin Thawer http://www.thawerlaw.com and TX chapter of IV
Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.
Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.
So.. if anyone has the info on how to register a new country, I'd like to know.
Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.
Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
8/31:7.45am & 6pm;
9/3: 9.25am & 6pm;
9/4: 7.45am & 6pm;
9/5: 9.25am & 6pm;
9/6: 7.45am & 6pm;
9/7: 9.25am & 6pm;
9/10: 9.25am & 6pm;
9/11: 7.45am & 6pm;
Also live discussion for few minutes about IV Rally on Saturday during immigration show at 3pm central
Sponsored by members of TX chapter of IV (http://groups.yahoo.com/group/texasiv) &
the Law offices of Sherin Thawer http://www.thawerlaw.com and TX chapter of IV
more...
chaukas
06-22 01:26 PM
Shouldn't the FBI follow the Innocent until proven guilty rule.
If a person is already in the country , then what's the point of holding up their immigration process .
If something is found later on, action can be taken.
If a person is already in the country , then what's the point of holding up their immigration process .
If something is found later on, action can be taken.
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Soul
05-27 09:10 AM
Thanks :thumb:
I'm not sure if I should be happy getting votes about bad design! lol! :P How ironic
- Soul :s:
I'm not sure if I should be happy getting votes about bad design! lol! :P How ironic
- Soul :s:
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paskal
02-17 01:30 AM
they have a quarterly limit too which ensures they have Gc numbers in the last quarter. so how did they exhaust the whole year's quota by feb? or was it just quarterly allocation?
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suresh_la
12-01 04:31 PM
Hi Gurus
Here is my senario
I am in my 6th year of H1 which expires in Aug 2007.
I have my Labor (PERM) and I140 aprroved from my current employer.
I would like to tranfer my H1 to different employer .
can we apply for tranfer and 3 year extension of h1 to new employer with approved current labor(PERM) and 140(approved)
or should I need to tranfer my h1 forst and wait till FEB 2007 to apply my extension with approved labor(PERM) and 140 (approved ) from my current employer.
I really need your advise on this issue.
please help on this gurus.
Thanks
Here is my senario
I am in my 6th year of H1 which expires in Aug 2007.
I have my Labor (PERM) and I140 aprroved from my current employer.
I would like to tranfer my H1 to different employer .
can we apply for tranfer and 3 year extension of h1 to new employer with approved current labor(PERM) and 140(approved)
or should I need to tranfer my h1 forst and wait till FEB 2007 to apply my extension with approved labor(PERM) and 140 (approved ) from my current employer.
I really need your advise on this issue.
please help on this gurus.
Thanks
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ramus
06-14 10:43 AM
Guys,
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
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new_horizon
04-22 09:56 PM
I think this banned person was only against the illegal people here. He/she mentioned that US should not welcome uneducated poor people who would be a drain on the US resources. But what he means is that US should welcome educated people like us who have contributed tremendously to the US economy. I think he's somewhat aware of the differences between illegals and legals.
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houston2005
08-21 11:26 AM
It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
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krishmunn
02-19 12:46 PM
As discussed above with cyrus mehta's blog: This is all discretionary:
My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".
Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".
Good Luck.
Excellent definitiion. and yes that is the difference between a good lawyer and a bad lawyer. Most of immigration related work (GC, H1) is filling forms which even a layman can do, except when it comes to "discretionary" stuff -- that is the acid test for lawyers
My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".
Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".
Good Luck.
Excellent definitiion. and yes that is the difference between a good lawyer and a bad lawyer. Most of immigration related work (GC, H1) is filling forms which even a layman can do, except when it comes to "discretionary" stuff -- that is the acid test for lawyers
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gcnyc
06-20 11:29 PM
Does any one know answer for this? I was curious to know.
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02-14 11:02 PM
We need participation. We know we have committed people in our group
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vxg
10-17 03:02 PM
Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
You can actually call IO at USCIS and get address updated if you are in the system.
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
You can actually call IO at USCIS and get address updated if you are in the system.
mantagon
07-24 12:32 PM
Did you say your H1 was valid till Feb 2009? In that case, at this point, you are out of status.
I have question Need Urgent reply
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
I have question Need Urgent reply
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
roseball
08-07 10:37 AM
1> Marriage certificate.
2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
4.> Copy of her complete passport (including expired one if it exists)
5.> Her birth certificate / affidavits
6.> Copy of your I-140 approval
7.> 6 photographs of her
8.> Filing fees
You also need to include the filled in Form I-134.
http://www.uscis.gov/files/form/i-134.pdf
2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
4.> Copy of her complete passport (including expired one if it exists)
5.> Her birth certificate / affidavits
6.> Copy of your I-140 approval
7.> 6 photographs of her
8.> Filing fees
You also need to include the filled in Form I-134.
http://www.uscis.gov/files/form/i-134.pdf
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