sarosi
04-16 09:41 PM
I have the following status working with the original H1B employer who filed for my green card petition:
1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)
My questions,
1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?
Answers to my above questions will be highly appreciated.:confused:
1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)
My questions,
1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?
Answers to my above questions will be highly appreciated.:confused:
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sts_seeker
06-04 05:42 PM
Dear Experts I need this suggestion ASAP to prove I-140 ability to pay.
My Priority Date EB3 is Apr, 2004 and Company is in Loss for '04,'05 and '06 and so can't prove Net assets is greater than liablities or revenue is greater than proffered wage. However Company recently has been approved for line of credit which is greater than(>) the proferred wage.
The only way to show the ablity to pay is by showing the w2 that I have been paid the proffered wage since the priority date which is April 04. But I did not work from Jan'04 though mid of '05 because of health reason. During that time, I was paid by the disability insurance from the employer and I paid the tax for disability income while filing the W-2.
After I joined back on mid on '05 I have been paid more than proferred wage till present(June'07).
Does that satisfy the USCIS of the requirement of ability to pay or Not???
I need help ASAP.
Thanks everyone
My Priority Date EB3 is Apr, 2004 and Company is in Loss for '04,'05 and '06 and so can't prove Net assets is greater than liablities or revenue is greater than proffered wage. However Company recently has been approved for line of credit which is greater than(>) the proferred wage.
The only way to show the ablity to pay is by showing the w2 that I have been paid the proffered wage since the priority date which is April 04. But I did not work from Jan'04 though mid of '05 because of health reason. During that time, I was paid by the disability insurance from the employer and I paid the tax for disability income while filing the W-2.
After I joined back on mid on '05 I have been paid more than proferred wage till present(June'07).
Does that satisfy the USCIS of the requirement of ability to pay or Not???
I need help ASAP.
Thanks everyone
black_logs
05-08 02:02 PM
I read this quote in RD, sorry I forgot who said it!!!
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'U.S. is a big conspiracy to make you feel happy'.
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jsb
01-09 03:40 PM
Thanks jsb..In that case, I am changing jobs even without working for my GC sponsorer. I heard that it could potentially lead to fraud case.are you sure we can do this or do u know somebody who has done this.
thx
AC21 guidance issued in the following link should clarify some of your concerns.
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.
thx
AC21 guidance issued in the following link should clarify some of your concerns.
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.
more...
ace007
06-09 04:17 PM
Hello Everyone,
I must be newest member here. Our company attorney (fragomen) is going to file/send I-140 application today.
I am excited to join the loooong queue forward!
:p
I must be newest member here. Our company attorney (fragomen) is going to file/send I-140 application today.
I am excited to join the loooong queue forward!
:p
uma001
04-22 10:08 AM
1 . Where is the donor forum? I could not find it
Donor Forum is visible only to the donors in the forum page.
2. I am a donor (two times). But I do not have access to it.
Donor forum access is provided to verified current donors only. Past donors cannot subscribe to this forum - it does not work like yearly/lifetime membership. To have continuous access to the donor forum, you will have to be a recurring donor.
However, if you have donated recently and cannot access donor forum, please contact me and I will be glad to help. Thanks.
So IV do not provide the important news to the members who are not donors. That is unfair. Even though I have not filed my green card I have donated some amount in the past.
Donor Forum is visible only to the donors in the forum page.
2. I am a donor (two times). But I do not have access to it.
Donor forum access is provided to verified current donors only. Past donors cannot subscribe to this forum - it does not work like yearly/lifetime membership. To have continuous access to the donor forum, you will have to be a recurring donor.
However, if you have donated recently and cannot access donor forum, please contact me and I will be glad to help. Thanks.
So IV do not provide the important news to the members who are not donors. That is unfair. Even though I have not filed my green card I have donated some amount in the past.
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RadioactveChimp
04-09 02:56 AM
compared to your, it is a banana peel. But thanks ;)
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ajay
11-30 12:29 PM
Folks,
Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.
I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.
I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.
PLEASE advise.
Thanks!
Try this O*NET OnLine (http://online.onetcenter.org/)
Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.
I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.
I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.
PLEASE advise.
Thanks!
Try this O*NET OnLine (http://online.onetcenter.org/)
more...
tinamatthew
07-21 10:33 AM
In the 485 filings for me and my wife, my divorce certificate for my previous marriage was put in my files but it should have been with my wife's file per 485 intruction because she is the derivative applicant. If USCIS can't find it in my wife's file, will USCIS look for it in my file since we filed together?
If this is not required as initial evidence then they will issue an RFE and then you can send the documents later.
To fix the problem, could we resubmit my wife's 485 now and withdraw the one just submitted even though we don't have the receipt for it yet? or should we wait until we get receipt for the one just submitted and then resubmit her 485 application when my PD become current again? or could we just submit the missing file after we get the receipt and my PD becomes current?
Don't resubmit your wife's application, wait for a receipt
Your help is greatly appreciated.
Hope this helps
If this is not required as initial evidence then they will issue an RFE and then you can send the documents later.
To fix the problem, could we resubmit my wife's 485 now and withdraw the one just submitted even though we don't have the receipt for it yet? or should we wait until we get receipt for the one just submitted and then resubmit her 485 application when my PD become current again? or could we just submit the missing file after we get the receipt and my PD becomes current?
Don't resubmit your wife's application, wait for a receipt
Your help is greatly appreciated.
Hope this helps
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va_dude
10-05 05:49 PM
I agree with the other post.
You need to make a visit to the nearest uscis office tomorrow morning and give them the details and preferably get that second AP application withdrawn or cancelled or whatever.
Now did you receive just the approval notice for the first AP or did you actually get the AP document? Make sure you got the actual AP document (the one with the photo, etc.).
Good luck. I think you should be fine.
You need to make a visit to the nearest uscis office tomorrow morning and give them the details and preferably get that second AP application withdrawn or cancelled or whatever.
Now did you receive just the approval notice for the first AP or did you actually get the AP document? Make sure you got the actual AP document (the one with the photo, etc.).
Good luck. I think you should be fine.
more...
gc122004
07-25 03:50 PM
I would like to request for info pass, let us say If I need it on August 2nd week how many days before I can login to info pass and take that.
In other words if I go an take Info pass today when can I get the erliest scheduled date?.
Thanks,
I fixed infopass appt last week for my interm EAD through infopass.uscis.gov. It showed me a date exactly 91st day from the date of RC date so I fixed that date. Hope this helps.
In other words if I go an take Info pass today when can I get the erliest scheduled date?.
Thanks,
I fixed infopass appt last week for my interm EAD through infopass.uscis.gov. It showed me a date exactly 91st day from the date of RC date so I fixed that date. Hope this helps.
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Alien
03-17 04:50 PM
Yes you can but your H1 will be invalidated and you wont be able to work with your primary job legally ( I think).
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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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sr1973
07-23 11:22 AM
Looks like my thread is not necessary and an extra garbage.
Green Dot members,
How do I erase this thread.
Green Dot members,
How do I erase this thread.
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stldude
07-18 01:33 PM
Folks - I have been hearing mixed comment on Interim EAD.. Is it still permitted. I heard that they have stopped issuing interim EAD's... If it is still permitted how do we go about obtaining an interim EAD.
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YesGC_NoGC
08-04 09:00 PM
I don't see anything new implemented to give us more than that we already had.
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Lasantha
10-12 02:52 PM
I just got my labor approved for Masters degree and 3 years exp.
I have 3 years B.Sc degree and 3 years MCA degree from India and my education eval. shows it as equivalent to MS in computer Science.
In form ETA 750, under section 14, I have following data
College degree required:
Master of Science
Major field of study
Comp Sci/Engg,Info Sys Engg
Experience
3 years
Other fields under section 14 and 15 are blank.
RIR Advertisement has mentioned following
" Must have MS in Computer Science or Engineering, Information Systems Engineering or foreign degree equivalent with 3 years of relevant work experience."
I am little confused about "College degree required:" field. It only says "Master of Science". Should it be "Master of Science Or foreign equivalent"?
Edit/Delete Message
I don't want to scare you, but I think the words "or foreign equivelant" is required unless you have a US degree.
Please speak to your attorney about this.
( Experts plaese correct me if I am wrong)
I have 3 years B.Sc degree and 3 years MCA degree from India and my education eval. shows it as equivalent to MS in computer Science.
In form ETA 750, under section 14, I have following data
College degree required:
Master of Science
Major field of study
Comp Sci/Engg,Info Sys Engg
Experience
3 years
Other fields under section 14 and 15 are blank.
RIR Advertisement has mentioned following
" Must have MS in Computer Science or Engineering, Information Systems Engineering or foreign degree equivalent with 3 years of relevant work experience."
I am little confused about "College degree required:" field. It only says "Master of Science". Should it be "Master of Science Or foreign equivalent"?
Edit/Delete Message
I don't want to scare you, but I think the words "or foreign equivelant" is required unless you have a US degree.
Please speak to your attorney about this.
( Experts plaese correct me if I am wrong)
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Vturlapati
08-30 12:12 PM
On a separate note, If we have valid AP now and already applied for extension, if we get GC approval while in India , can we wait till we get new AP and reenter using new AP if somebody brings that or mail it?
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americandesi
09-06 05:22 PM
Hi Guru's Kindly Respond. If I do this will there be any impact on my 485 Petition process?
Refer http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=970596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
Refer http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=970596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
Ramba
07-17 04:55 PM
As you have well passed the LC stage, it is very difficult to retain your old PD. Even if DOL send a new LC with old PD, it will be an uphill task to convey this to USCIS your to ammend your already approved 140 with new PD. This new PD information has to be carried over to both I-140 and 485. If you get a new letter/LC from DOL inform the USCIS (both 140 and 485) thro all means, like send a certified mail, inform over phone and take a infopass to correct the PD. Then keep your finger crossed.
nmdial
10-16 05:21 PM
Please, count me in.
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