santosh_3000
07-18 12:11 PM
Hi,
I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..
Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.
I need your valuable suggestions to make my decision, my questions are:
1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???
2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?
3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???
5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?
Many Thanks in Advance!!
I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..
Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.
I need your valuable suggestions to make my decision, my questions are:
1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???
2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?
3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???
5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?
Many Thanks in Advance!!
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skd
07-05 02:19 PM
I know friends who are on L1 and there companies and they themselves are contributing to 401 K.
jsrajavel
09-20 07:45 PM
EAD expiring tomorrow 9/21/2010.Can I continue to work? My renewal is still pending. I submitted EAD renewal application on 7/22/2010. If my employer is OK with EAD renewal application, can I continue work?
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dingudi
03-05 12:17 AM
My luck is just not good w.r.t GC. Afte long wait my spouse finally had received her FP notice and is scheduled for her FP in couple of days. But today she accidently burnt her finger and that too right at the spot where we give the FP.
Guys , any suggestion as to what needs to be done. Should she still try to give the FP and see if it works. She has a big blister on her finger.
Any similar experiences , please post.
Guys , any suggestion as to what needs to be done. Should she still try to give the FP and see if it works. She has a big blister on her finger.
Any similar experiences , please post.
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pappu
02-09 01:39 PM
Call up AILA and ask them what are your options. Do not tell them the lawyer name yet.
Contact the state bar of this lawyer. Each lawyer is licensed to practice in his state. call them up and ask for your options.
pls post your answers on this thread so that everyone can know how to deal with such lawyers and what rights (clients) have.
Contact the state bar of this lawyer. Each lawyer is licensed to practice in his state. call them up and ask for your options.
pls post your answers on this thread so that everyone can know how to deal with such lawyers and what rights (clients) have.
keaby
06-18 05:36 PM
If the non compete agreement between your employer and the vendor is about your employer directly selling your srevices to the client in the future, then you don't have any issue as you are leaving your employer.
If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..
In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client
If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..
In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client
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nepaliboy
08-06 07:16 PM
i saw lud on i-140 in 7-13-08 and lud on i-485 on 7-22-08 but my PD is not current .
i am Row pd 2005 september.
i am Row pd 2005 september.
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MrDesi
02-07 06:04 PM
Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
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Ann Ruben
07-12 02:24 PM
You should not have to pack up your belongings just yet. Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ." As long as USCIS receives your RFE response today or tomorrow, there ought not to be any problem. Also, because the "deadline" of July 10th fell on a Saturday there is a required automatic extension to Monday.
For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:
1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).
Hope this helps,
Ann
For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:
1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).
Hope this helps,
Ann
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go_getter007
01-17 03:19 AM
I relocated 2 years ago after spending more than a decade in the US. My choice was my hometown (not a Metro) due to a number of reasons - one of them was availability of jobs in my area of interest/expertise (which is business/management).
From a quality of life (decent personal life beyond work, imho) perspective, tier B cities make sense. However, real estate prices are soaring everywhere. So, it is advisable to buy while you are still earning in Dollars - it worked out well in my case since I knew where I was going to settle.
As far as education is concerned, you also have schools with IB curriculum in addition to CBSE, ICSE and State boards - even in tier B cities. Pre-K is costly but again not out of reach for most. If kids are still young, they will be able to adjust much faster. IB is perceived to be less rigorous than other boards - but I believe kids should be able to cope up with whatever board you choose.
Overall, reality on the ground here much better than what we imagine sitting there.
Hope it helps. Good luck.
GG_007
Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
From a quality of life (decent personal life beyond work, imho) perspective, tier B cities make sense. However, real estate prices are soaring everywhere. So, it is advisable to buy while you are still earning in Dollars - it worked out well in my case since I knew where I was going to settle.
As far as education is concerned, you also have schools with IB curriculum in addition to CBSE, ICSE and State boards - even in tier B cities. Pre-K is costly but again not out of reach for most. If kids are still young, they will be able to adjust much faster. IB is perceived to be less rigorous than other boards - but I believe kids should be able to cope up with whatever board you choose.
Overall, reality on the ground here much better than what we imagine sitting there.
Hope it helps. Good luck.
GG_007
Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
more...
transpass
08-02 06:25 PM
is there any limitation in sending DHS 7001 to ombudsman?
Because i already sent this form twice and no response so far. Should i send it third time?
There we go again. Now we need to create another ombudsman to make sure current ombudsman office works straight...:p
Call the BLACKHOLE aka cis office, get info about your case, and note the person's badge you spoke, time and day of your call, put it in a letter along with file 7001 and send to ombudsman's office (also mention in the letter that you filed 7001 couple of times earlier). You need to get hold of someone in ombudsman's office and be in constant touch through email or something...You should have been on the conference call past week...Next time you can participate and ask directly...
Because i already sent this form twice and no response so far. Should i send it third time?
There we go again. Now we need to create another ombudsman to make sure current ombudsman office works straight...:p
Call the BLACKHOLE aka cis office, get info about your case, and note the person's badge you spoke, time and day of your call, put it in a letter along with file 7001 and send to ombudsman's office (also mention in the letter that you filed 7001 couple of times earlier). You need to get hold of someone in ombudsman's office and be in constant touch through email or something...You should have been on the conference call past week...Next time you can participate and ask directly...
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ganguteli
03-02 03:34 PM
Its pathetic that nobody is looking at this thread. IV should not be wasting its time and effort on people who are ungrateful and do not value it. They are more happy picking up fights with each other and spending time on threads that do not do any help
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niraja74
07-23 12:44 AM
Hi,
I am going to file for I-485 as the PD is current for all till 17-Aug-2007. I got my LC was approved in Oct-2006 and I-140 in Feb-2007. I am working on H1B visa and my current H1B visa is expiring on 03-Jan-2008 (about 5 months left from now).
So can I apply for I-485 with less than 6 months left in my H1B? Although I still have 2 years left in my 6 year's counter.
Also if I apply for I-485 now without filing for H1B exension can I file for H1B extension later on say (in Sep. 2007)?
Thanks in advance.
Niraja
I am going to file for I-485 as the PD is current for all till 17-Aug-2007. I got my LC was approved in Oct-2006 and I-140 in Feb-2007. I am working on H1B visa and my current H1B visa is expiring on 03-Jan-2008 (about 5 months left from now).
So can I apply for I-485 with less than 6 months left in my H1B? Although I still have 2 years left in my 6 year's counter.
Also if I apply for I-485 now without filing for H1B exension can I file for H1B extension later on say (in Sep. 2007)?
Thanks in advance.
Niraja
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nikh
11-30 03:58 PM
i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.
You are right, there are thousands of people who are waiting to file as soon as PD becomes current. But, those new fileres wont compete immediately (or for current fiscal year) becoz they had to go through the standard processing times before approval (document verification, name check, finger printing etc). By the time they are peadjudicated, it is likely that fiscal year 2011 will be ended.
My point is there are enough visas available (40040 for fiscal year 2011) for the preadjudicated filers plus the filers who are close to preadjudication (total of 33850). SO, USCIS has to move dates drastically at least 6 months prior to end of fiscal year 2011 in order to help those who are waiting to file in EB2 category. If that does not happen visas will be either wasted or made available for EB3 filers.
You are right, there are thousands of people who are waiting to file as soon as PD becomes current. But, those new fileres wont compete immediately (or for current fiscal year) becoz they had to go through the standard processing times before approval (document verification, name check, finger printing etc). By the time they are peadjudicated, it is likely that fiscal year 2011 will be ended.
My point is there are enough visas available (40040 for fiscal year 2011) for the preadjudicated filers plus the filers who are close to preadjudication (total of 33850). SO, USCIS has to move dates drastically at least 6 months prior to end of fiscal year 2011 in order to help those who are waiting to file in EB2 category. If that does not happen visas will be either wasted or made available for EB3 filers.
more...
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yabadaba
02-28 12:08 PM
I am one of those that bounced around from CBSE (0-3rd) then GCSE O Level UK (4-7th) then ICSE (8th-10th) then finally back to CBSE (11-12)..it definitely hurts moving from board to board but kids are resilient and do bounce back.
However, u might want to consider schools that follow the IB (International Bacclaurate) Program. From what I have heard there are a number of schools in india that follow the IB program.
When they are in nursery/kindergarden, it definitely does not matter which "board" the school follows because they pretty much learn the same stuff anywhere in the world.
for more options bout IB check out
http://www.ibo.org/
However, u might want to consider schools that follow the IB (International Bacclaurate) Program. From what I have heard there are a number of schools in india that follow the IB program.
When they are in nursery/kindergarden, it definitely does not matter which "board" the school follows because they pretty much learn the same stuff anywhere in the world.
for more options bout IB check out
http://www.ibo.org/
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chintu25
08-19 05:45 PM
Excellent job guys :)
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rahulpaper
06-19 06:32 PM
Does that mean application progresses normally without RFE or Wait if immunizations are still not complete?
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hpandey
11-11 11:06 AM
Either it is all a big mystery or a conspiracy. I agree with you that there can't be so many people from EB3-ROW from 2002 still waiting for their GC . Same with India and China. They are still sitting at 1st May 2001. I wonder how many people filed in 2001 that even after 10 years USCIS is still processing their cases.
There is something going on behind the scenes and breaking ( or bending of the rules ). They could easily have prevented visa wastage all these years so the backlog could be reduced but do they ? Who's preventing them from using up all the visas and doing what is best for the applicants .
There is something going on behind the scenes and breaking ( or bending of the rules ). They could easily have prevented visa wastage all these years so the backlog could be reduced but do they ? Who's preventing them from using up all the visas and doing what is best for the applicants .
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dilbert_cal
07-10 12:00 AM
Answer inline in different color
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
days_go_by
08-20 09:15 AM
Or is it only for EB3
----------
for now only EB3.
----------
for now only EB3.
teachamerica07
09-04 04:58 PM
Yes. Reenter on AP .
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