ramus
05-14 08:30 AM
How much money would anybody able to spend for this kind of law-suit?
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vshar
03-13 11:29 PM
It is form G-639. You can get it from USCIS website.
vselvam
05-17 03:43 PM
After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
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ps57002
12-02 08:27 PM
Why would one get a LUD on an OLD h1 with no LUD on anything else?
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
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varshadas
01-16 09:01 AM
I will join as well.
Thanks,
Varsha
Thanks,
Varsha
meridiani.planum
09-14 02:35 AM
Hi:
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.
more...
chris82
05-28 12:45 PM
Hello,
I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.
Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?
1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?
2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?
I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.
Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?
1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?
2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?
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kannan
03-27 03:14 PM
Can anybody tell the stages in I 485 approval.
Backround check
previous status in this country
Medical
what else they check during this stage?
Backround check
previous status in this country
Medical
what else they check during this stage?
more...
gc_lover
06-22 10:04 AM
Can scanned copy be submitted to USCIS for affidavit of birth or we have to submit the affidavit in original?
Thanks
You mean photocopy right? If you have scanned copy then print it and send it to USCIS. I don't think they require it in original.
Thanks
You mean photocopy right? If you have scanned copy then print it and send it to USCIS. I don't think they require it in original.
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uppaji
10-27 03:28 PM
Hi,
My labor was filed in Feb 2003. I got my 45 day letter last year or so and was replied by my employer. But still now no word on it? What do you suggest? Are we supposed to contact USCIS through my attorney?
Please suggest.
My labor was filed in Feb 2003. I got my 45 day letter last year or so and was replied by my employer. But still now no word on it? What do you suggest? Are we supposed to contact USCIS through my attorney?
Please suggest.
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rockdanation
03-13 08:32 PM
the question is how can i file my own 485 when i don't have details about I140. Is there a way where by i can get this info. i need SRC number to file for my 485 and i am current. i am on EB2 , other country not India, China .
thanks
thanks
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smuggymba
04-05 11:01 AM
I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.
Question:
Do i need to file for new h1-b or transfer?
No transfer..may be a new LCA but not sure.
Question:
Do i need to file for new h1-b or transfer?
No transfer..may be a new LCA but not sure.
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life99f
03-25 09:19 AM
Thanks...I haven't worked with cap H1b before.
So it seems IMPOSSIBLE to change job from university to company since most companies won't help you apply H1B on April and wait 6 months (till Oct) to put you into work.
So it seems IMPOSSIBLE to change job from university to company since most companies won't help you apply H1B on April and wait 6 months (till Oct) to put you into work.
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anyluck?
06-19 02:36 PM
Thanks for the reply.
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Saralayar
07-10 05:45 PM
IMO there is a good chance you will qualify for EB2. When doing educational evaluation, you should base your claim on your masters degree. That way you would qualify.
The worst part is in justifying an EB2 case. As the job market is very bad and many US citizens with the required qualification for the position are available, it will be very difficult for the company to justify that no one in this country is available except you for this position. Lot of big companies are afraid as there is a strict AUDIT that will be enforeced by USCIS in case they have a doubt about the non availability of a citizen for that position.
The worst part is in justifying an EB2 case. As the job market is very bad and many US citizens with the required qualification for the position are available, it will be very difficult for the company to justify that no one in this country is available except you for this position. Lot of big companies are afraid as there is a strict AUDIT that will be enforeced by USCIS in case they have a doubt about the non availability of a citizen for that position.
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starscream
09-10 09:40 PM
Friends please see situation below:
My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.
I got experience letters from 2 of my previous employers as proof of experience:
Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.
Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.
There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.
Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???
Thanks
My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.
I got experience letters from 2 of my previous employers as proof of experience:
Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.
Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.
There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.
Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???
Thanks
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I485applicant
07-19 06:19 PM
Hi All,
Here is my situation, would appreciate any advice or pls ping me if you are in the same boat.
I have approved an I140 from previous employer (A), (PD Mar 06) thinking that retrogression is a given for a long time I took up a full time job with employer(B), where I was consulting. My Labor and I140 has not yet been started with Emp B.
As E2, Eb3 ... is current upto Aug 17, I'm trying to file I145 based on Emp A. They are willing to file but putting a steep price (trying to take adv of the situation)
Questions
a. I know one can Self file I485, can I include my old employer job offer letter assuming that it would take > 180 days for USCIS to process the application in the mean time negotiage a deal with Emp A.
b. Self file I485, without Emp A offer letter, wait for RFE and in the mean time negotiate the deal with Emp A.
Any advice will be appreciated, please.
Here is my situation, would appreciate any advice or pls ping me if you are in the same boat.
I have approved an I140 from previous employer (A), (PD Mar 06) thinking that retrogression is a given for a long time I took up a full time job with employer(B), where I was consulting. My Labor and I140 has not yet been started with Emp B.
As E2, Eb3 ... is current upto Aug 17, I'm trying to file I145 based on Emp A. They are willing to file but putting a steep price (trying to take adv of the situation)
Questions
a. I know one can Self file I485, can I include my old employer job offer letter assuming that it would take > 180 days for USCIS to process the application in the mean time negotiage a deal with Emp A.
b. Self file I485, without Emp A offer letter, wait for RFE and in the mean time negotiate the deal with Emp A.
Any advice will be appreciated, please.
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Pagal
04-29 07:47 AM
Hello,
Travisa SF is a small setup ... there is one lady who manages the show (and she may have an asst or two). Your best option is to visit their office in downtown ... somewhere near Market St, I remember.
I had good experience with them for UK visa a few years ago ... good luck!
Travisa SF is a small setup ... there is one lady who manages the show (and she may have an asst or two). Your best option is to visit their office in downtown ... somewhere near Market St, I remember.
I had good experience with them for UK visa a few years ago ... good luck!
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snathan
09-15 09:11 PM
I have both EB3 and EB2 labor approved and EB2 I-140 approved for the same job requirement in the same company. Here're some details:
labor PD : 03/2005 (EB3)
labor PD : 12/2006 (EB2),
I-140 approved (EB2)
I-485 Applied : 07/2007 with approved EB2 I-140
Is it possible to use my EB3�s PD for my EB2 application? If so, what�s the procedure.
Thanks a lot!
You can get your EB3 PD. Your lawer needs to write to the USCIS to port your PD. Attorney here would give you more details and wait for them to respond.
labor PD : 03/2005 (EB3)
labor PD : 12/2006 (EB2),
I-140 approved (EB2)
I-485 Applied : 07/2007 with approved EB2 I-140
Is it possible to use my EB3�s PD for my EB2 application? If so, what�s the procedure.
Thanks a lot!
You can get your EB3 PD. Your lawer needs to write to the USCIS to port your PD. Attorney here would give you more details and wait for them to respond.
tcdsarun
10-02 02:45 PM
My suggestion is consult with good lawyer without any delays. Lawyer knows better how to handle the case.
ivar27
11-08 12:28 PM
Thanks for quick response.
I still do not know wat is query is. My employer hasnt received the details of query yet.
looking at the worst side, wat if the H1 tranfer Denied/rejected. Can i ask Company D to file for a new H1?
I still do not know wat is query is. My employer hasnt received the details of query yet.
looking at the worst side, wat if the H1 tranfer Denied/rejected. Can i ask Company D to file for a new H1?
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